


t 






021 720 B^^ o_mJ 



Hollinger Corp. 
pH 8.5 



General School Law 
of South Carolina 




g^§ 



Nineteen Hundred and Nine 



Edited by W. H. TOWNSEND 

Former Code Commissioner 

Attorney at Law 

COLUMBIA, SOUTH CAROLINA 



Issued by J. E. SWEARINGEN 

State Superintendent of Education 



NOV 2 1909 



GENERAL SCHOOL LAW 



OF 



South Carolina 

1909 

PUBLISHED BY J. E. SWEARINGEN 

State Superintendent of Education 



Constitutional Provisions, 1909 



ARTICLE XI. 

Education. 

Section i. The supervision of public instruction shall be vested 
in a State Superintendent of Education, who shall be elected for 
the t-erm of two years by the qualified electors of the State, in 
such manner and at such time as the other State officers are 
elected ; his powers, duties and compensations shall be defined by 
the General Assembly. 

Sec. 2. There shall be a State Board of Education, composed 
of the Governor, the State Superintendent of Education, and not 
exceeding seven persons to be appointed by the Governor every 
four years, of which board the Governor shall be Chairman, and 
the State Superintendent of Education, Secretary. This board 
shall have the regulation of examination of teachers applying for 
certificates of qualification, and shall award all scholarships, and 
have such other powers and duties as may be determined by law. 
The traveling expenses of the persons to be appointed shall be 
provided for by the General Assembly. 

Sec. 3, The General Assembly shall make provision for the 
election or appointment of all other necessary school officers, and 
shall define their qualifications, powers, duties, compensation and 
terms of office. 



2 Generai. School Law of South Carolina. 

Sec. 4. The salaries of the State and County school officers 
and compensation of County Treasurers for collecting and dis- 
bursing school moneys shall not be paid out of the school funds, 
but shall be otherwise provided for by the General Assembly. 

Sec. 5. The General Assembly shall provide for a liberal sys- 
tem of free public schools for all children between the ages of six 
and twenty-one years, and for the division of the counties into 
suitable school districts, as compact in form as practicable, 
having regard to natural boundaries, and not to exceed forty- 
nine nor be less than nine square miles in area: Provided, That 
in cities of ten thousand inhabitants and over, this limitation of 
area shall not apply: Provided, further. That when any school 
district laid out under this section shall embrace cities or towns 
already organized into special school districts in which graded 
school buildings have been erected by the issue of bonds, or by 
special taxation, or by donation, all the territory included in said 
school district shall bear its just proportion of any tax that may 
be levied to liquidate such bonds or support the public schools 
therein : Provided, further. That nothing in this article contained 
shall be construed as a repeal of the laws under which the sev- 
eral graded school districts of this State are organized. The 
present division of the counties into school districts and the 
provisions of law now governing the same shall remain until 
changed by the General Assembly. 

Note. — The laws applying to schools districts and the Graded 
schools held not repealed by this constitutional provision. Mar- 
tin V. School District of Laurens, 57 S. C, 125. 

Liberal provision for support of schools required. Murph v. 
Landrum, 76 S .C, 32 ; and Acts in the interest of the schools will 
be so construed. State ex rel. Spencer v. McCaw, 6y S. C, 351. 

Sec. 6. The existing County Boards of Commissioners of the 
several counties, or such officer or officers as may hereafter be 
vested with the same or similar powers and duties, shall levy an 
annual tax of three mills on the dollar upon all the taxable prop- 
erty in their respective counties, which tax shall be collected at 
the same time and by the same officers as the other taxes for the 
isame year, and shall be held in the county treasury of the respec- 
tive counties ; and the said fund shall be apportioned among the 
school districts of the county in proportion to the number of 



General School Law of South Carolina. 3 

pupils enrolled in the public schools of the respective districts, 
and the officer or officers charged by law with making said ap- 
portionment shall notify the trustees of the respective school 
districts thereof, who shall expend and disburse the same as the 
General Assembly may prescribe. The General Assembly shall 
define "enrollment." Not less than three trustees for each school 
district shall be selected from the qualified voters and taxpayers 
therein, in such manner and for such terms as the General As- 
sembly may determine, except in cases of special school dis- 
tricts now existing, where the provisions of law now governing 
the same shall remain until changed by the General Assembly : 
Provided, The manner of the selection of said trustees need not 
be uniform throughout the State. There shall be assessed on all 
taxable polls in the State between the ages of twenty-one and 
sixty years (excepting Confederate soldiers above the age of 
fifty), an annual tax of one dollar on each poll, the proceeds of 
which tax shall be expended for school purposes in the several 
school districts in which it is collected. Whenever during the 
three next ensuing fiscal years the tax levied by the said County 
Boards of Commissioners or similar officers and the poll tax 
shall not yield an amount equal to three, dollars per capita of the 
number of children enrolled in the public schools of each county 
for the scholastic year ending the thirty-first day of October in 
the year eighteen hundred and ninety-five, as it appears in the 
report of the State Superintendent of Education for said scholas- 
tic year, the Comptroller General shall, for the aforesaid three 
next ensuing fiscal years, on the first day of each of said years, 
levy such an annual tax on the taxable property of the State 
as he may determine to be necessary to make up such deficiency, 
to be collected as other State taxes, and apportion the same 
among the counties of the State in proportion to the respective 
deficiencies therein. The sum so apportioned shall be paid by 
the State Treasurer to the County Treasurers of the respective 
counties," in proportion to the respective deficiencies therein, on 
the warrant of the Comptroller General, and shall be apportioned 
among the school districts of the counties, and disbursed as other 
school funds ; and from and after the thirty-first day of Decem- 
ber, in the year eighteen hundred and ninety-eight, the General 
Assembly shall cause to be levied annually on all the taxable 
property of the State such a tax, in addition to the said tax levied 



4 Geni;raIv School Law of South Carolina. 

by the said County Boards of Commissioners or similar officers, 
and poll tax above provided, as may be necessary to keep the 
schools open throughout the State for such length of time in 
each scholastic year as the General Assembly may prescribe; 
and said tax shall be apportioned among the counties in propor- 
tion to the deficiencies therein and disbursed as other school 
funds. Any school district may by the authority of the General 
Assembly levy an additional tax for the support of its schools. 

Note. — The term "levy" as the three mill tax imposes purely 
ministerial duties on the board, and requires that it shall take 
such action as will place the tax on the auditor's books. Dickson 
V. Burckmeyer, 67 S. C, 534. 

As to the apportionment of the tax see Capers v. Derham, 54 
S. C, 349; and Murph v. Landrum, 'jd S. C, 32, 

Sec. 7. Separate schools shall be provided for children of the 
white and colored races, and no child of either race shall ever 
be permitted to attend a school provided for children of the other 
race. 

Note. — See Floyd v. News and Courier, 71 S. C, 118. 

Sec. 8. The General Assembly may provide for the mainten- 
ance of Glemson Agricultural College, the University of South 
Carolina, and the Winthrop Normal and Industrial College, a 
branch thereof, as now established by law, and may create schol- 
arships therein ; the proceeds realized from the land scrip given 
by the Act of Congress passed the second day of July, in the 
year eighteen hundred and sixty-two, for the support of an agri- 
cultural college, and any lands or funds which have heretofore 
been or may hereafter be given or appropriated for educational 
purposes by the Congress of the United States, shall be applied 
as directed in the Acts appropriating the same : Provided, That 
the General Assembly shall, as soon as practicable, wholly sep- 
arate Claflin College from Claflin University and provide for a 
separate corps of professors and instructors therein, representa- 
tion to be given to men and women of the negro race ; and it shall 
be the Colored Normal, Industrial, Agricultural and Mechanical 
College of this State. 

Sec. 9. The property or credit of the State of South Carolina, 
or of any county, city, town, township, school district or other 



General School Law oe South Carolina. 5 

subdivision of the said State, or any public money, frorji what- 
ever source derived, shall not, by gift, donation, loan, contract, 
appropriation, or otherwise, be used, directly or indirectly, in aid 
or maintenance of any college, school, hospital, orphan house, or 
other institution, society or organization, of whatever kind, 
which is wholly or in part under the direction or control of any 
church or of any religious or sectarian denomination, society or 
organization. 

Note. — See Attorney General's opinion as to what are not vio- 
lations of this section. In the case of the Epworth Orphanage, 
September 27, 1902 ; and also. Reports and Resolutions, 1905, 
Vol. 2, p. 27. 

Sec. 10. All gifts of every kind for educational purposes, if 
accepted by the General Assembly, shall be applied and used for 
the purposes designated by the giver, unless the same be in con- 
flict with the provisions of this Constitution. 

Sec. II. All gifts to the State where the purpose is not desig- 
nated, all escheated property, the net assets or funds of all 
estates or copartnerships in the hands of the Courts of the State 
where there have been no claimants for the same within the last 
seventy years, and other money coming into the Treasury of the 
State by reason of the twelfth section of an Act entitled ''An Act 
to provide a mode of distribution of the moneys as direct tax 
from the citizens of this State by the United States in trust to 
the State of South Carolina," approved the twenty-fourth day of 
December, in the year eighteen hundred and ninety-one, together 
with such other means as the General Assembly may provide, 
shall be securely invested as the State School Fund, and the 
annual income thereof shall be apportioned by the General 
Assembly for the purpose of maintaining the public schools. 

Sec. 12. All the net income to be derived by the State from 
the sale or license for the sale of spirituous, malt, vinous and 
intoxicating liquors and beverages, not including so much 
thereof as is now or may hereafter be allowed by law to go to 
the counties and municipal corporations of the State, shall be 
applied annually in aid of the supplementary taxes provided for 
in the sixth section of this article; and if after said application 
there should be a surplus, it shall be devoted to public school 



6 Ge;neraIv School Law of South Carolina. 

purposes, and apportioned as the General Assembly may deter- 
mine: Provided, however, That the said supplementary taxes 
shall only be levied when the net income aforesaid from the sale 
or license for the sale of alcolholic liquors or beverages are not 
sufficient to meet and equalize the deficiencies for which the said 
supplementary taxes are provided. 

Note. — How funds must be apportioned. See Murph v. Lan- 
drum, 'j^i S. C, 22; Capers v. Derham, 54 S. C, 350. 

************* 

Done in Convention in Columbia, on the fourth day of Decem- 
ber, in the year of our Lord one thousand eight hundred and 
ninety-five. 

JOHN GARY EVANS, 

President of the Convention. 

IRA B. JONES, 

Vice-President of the Convention. 

W. JASPER TALBERT, 

Vice-President of the Convention. 
Attest : 

S. W. VANCE, Secretary of the Convention. 



Code of Laws of South Carolina, 1902, With Amend- 
ments, Including Those of 1909 



Sec. 1 1 74. The State Superintendent of Education shall be 
elected at each general election, in the same manner as other 
State officers, and shall enter upon the duties of his office at the 
time prescribed by law. Before entering upon the duties of his 
office, he shall give bond, for the use of the State of South Caro- 
lina, in the penal sum of five thousand (5,000) dollars, with good 
and sufficient sureties, to be approved by the Governor, condi- 
tioned for the faithful and impartial performance of the duties of 
his office ; and he shall also, at the time of giving bond, take and 
subscribe the oath prescribed in Section 26, of Article III, of the 
Constitution of the State, which shall be endorsed upon the back 
of said bond ; and the bond shall be filed with the Secretary of 
State, and by him recorded, and when so recorded, shall be filed 
with the State Treasurer. The Superintendent of Education 
shall receive as compensation for his services the sum of nine- 
teen hundred dollars per annum, payable monthly out of the 
State Treasury; and his traveling expenses, not exceeding three 
hundred dollars, shall be paid out of the State Treasury upon 
duly itemized accounts rendered by him. 

Sec. 1 175. He shall have general supervision over all the 
schools of the State supported in whole or in part from the public 
school funds, and it shall be his duty to visit every county in the 
State as often as practicable for the purpose of inspecting the 
schools, awakening an interest favorable to the cause of educa- 
tion, and diffusing as widely as possible, by public addresses and 
personal communications with school officers, teachers and 
parents, a knowledge of existing defects and of desirable im- 
provements in the government and instruction of the said 
schools. He shall secure, by and with the advice of the State 
Board of .Education, uniformity in the use of text-books through- 
out the free public schools of the State, and shall forbid the use 
of sectarian or partisan books and instruction in said schools. 
He shall prepare and transmit to the several County Superin- 
tendents of Education, school registers, blank certificates, re- 



8 Gene;ral School Law of South Carolina. 

ports and such other suitable blanks, forms and printed instruc- 
tions as may be necessary to aid school officers and teachers in 
making their reports and carrying into full effect the various pro- 
visions of the school laws of this State ; and shall cause the law 
relating to the free public schools, with such rules, regulations, 
forms and instructions as shall be legally prescribed, to be 
printed, together with a suitable index, in pamphlet form, at the 
expense of the State ; and he shall cause copies of the same to be 
transmitted to the several County Surperintendents of Education 
for distribution. He shall collect in his office such school books, 
apparatuses, maps and charts as can be obtained. He may cer- 
tify copies of all papers filed in his office, and such certified 
copies shall be competent evidence thereof. 

Note. — The State Superintendent has general supervision over 
all public schools and school funds. Duncan v. Heyward, 74 
S. C, 565 ; 78 S. C, 243. No fees can be charged pupils entitled 
to attend such schools. Atty. Gen'l opinion, 1903, Reports and 
Reso., 1904, p. 1062. Though such fees may be charged under 
some special charters. Atty. Gen. op., 1901, Oct. 15th. 

Sec. 1 176. He shall make a report, through the Governor to 
the General Assembly at each regular session thereof, showing: 
1st. The whole number of pupils registered in and the number 
enrolled as hereinafter defined in the free common schools of this 
State during the year ending the thirtieth day of the last pre- 
ceding June, and the number in each county registered in and the 
number enrolled as hereinafter defined during the same period. 
2d. The number of whites and the number of colored, of each 
sex, attending the said schools. 3d. The number of free schools 
in the State. 4th. The number of pupils studying each of the 
branches taught. 5th. The average wages paid to teachers of 
each sex, and to the principals of schools and departments in 
said schools. 6th. The number of school houses erected during 
the year, and the location, material and cost thereof. 7th. The 
number previously erected, and the material of their construc- 
tion, and their condition and value, and the number with the 
grounds enclosed. 8th. The counties in which Teachers' Insti- 
tutes were held, and the number attending the Institutes in each 
county. 9th. Such other statistical information as he may deem 
important, together with such plans as he may have matured and 



Ge;ne;ral School Law of South Carolina. 9 

the State Board of Education may have recommended for the 
management and improvement of the school fund and for the 
more perfect organization and efficiency of the free public 
schools. All State institutions of higher learning shall make an 
annual report on or before the first day of September of each 
year to the State Superintendent of Education, embracing a 
detailed account of the operations of such institutiorns, including 
the expenditure of the public moneys for the current scholastic 
year, which reports the State Superintendent of Education shall 
include in his annual report to the Legislature. All Acts or parts 
of Acts requiring annual reports to be made to other authorities 
are hereby repealed. 

Sec. 1 1 77. The sum of nine hundred dollars shall be allowed 
to the Superintendent of Education for the purpose of defraying 
the expenses of clerk hire in his office. 

Sec. 1 1 78. The State Treasurer shall take and hold in trust for 
the State any grant or devise of lands and any gift or bequest 
of money or other personal property made to him for educational 
purposes, all gifts to the State where the purpose is not desig- 
nated, all escheated property, the net assets or funds of all 
estates or copartnerships in the hands of the Courts of the State 
where there have been no claimants for the same within the last 
seventy years, and other money coming into the Treasury of the 
State by reason of the twelfth section of an Act entitled "An Act 
to provide a mode of distribution of the moneys as direct tax 
from the citizens of this State by the United States in trust to 
the State of South Carolina," approved the twenty-fourth day of 
December, in the year eighteen hundred and ninety-one, together 
with such other means as the General Assembly may provide. 
The State Treasurer shall from time to time invest in bonds 
of this State or of the United States all such money in the name 
of the State, as a permanent State school fund, and shall pay out 
the income derived therefrom to the county or the counties of 
the State as the same may be apportioned among said counties 
by the State Board of Education : Provided, That no disposition 
shall be made of any property, grant, devise, gift, or bequest, 
inconsistent with the purposes, conditions or terms thereof. For 
the faithful management of all property so received by the State 
Treasurer, he shall be responsible upon his bond to the State as 



10 Ge;nkral School Law of South Carolina. 

for other funds received by him in his official capacity : Provided, 
however, That the Trustees of any school district of this State 
may take and hold in trust for their particular school district any 
property granted, devised, given or bequeathed to such school 
district, and apply the same in the interest of the schools of their 
district in such manner as in their judgment seems most condu- 
cive to the welfare of the schools when not otherwise directed by 
the terms of the grant, devise, gift or bequest : And Provided, 
further, That before said Trustees shall assume control of any 
grant, devise, gift or bequest they shall give a bond, to be ap- 
proved by the County Board of Education of the County in 
which such grant, devise, gift or bequest is made, conditioned 
for the faithful discharge of the trust reposed in them in respect 
to said property, which bond shall be deposited with the Clerk of 
the Court of said County. The said Trustees are hereby invested 
with the care and custody of all school houses or other school 
property belonging to their school districts, with full power to 
control the same in such manner as they may think will best 
subserve the interest of the free public schools and the cause of 
education. 

Sec. 1 179. The State Superintendent of Education shall dis- 
charge such other duties as may be provided by law ; and he shall 
deliver to his successor, within ten days after the expiration of 
his term of office, all books, papers, documents and other prop- 
erty belonging to his office. 

Sec. 1 180. In case a vacancy occurs in the office of State Su- 
perintendent of Education, from any cause, such vacancy shall 
be filled by the Governor, by and with the advice and consent of 
the Senate, and the person so appointed shall qualify within fif- 
teen days from the date of such appointment, or else the office 
shall be deemed vacant. If the vacancy occur during the recess 
of the Senate, the Governor shall fill the same by appointment 
until the Senate can act thereon. 

Sec. 1 181. The Governor, the Superintendent of Education, 
and seven persons, one from each Congressional District, to be 
appointed by the Governor, who shall hold office for four years, 
and until their successors may be appointed, unless sooner re- 
moved by the Governor, shall constitute the State Board of Edu- 
cation. Of this Board the Governor shall be ex officio Chairman, 



Gi;ne;ral School Law of South Carouna. 11 

and the State Superintendent of Education shall be Secretary of 
the Board. The Secretary shall be custodian of its records, 
papers and effects, and shall keep minutes of its proceedings ; and 
said records, papers and minutes shall be kept in the office of the 
State Superintendent of Education and shall be open to inspec- 
tion by the public. 

Sec. 1 182. The said Board shall meet on. the call of its Chair- 
man, or upon the request of a majority of its members, at the 
office of the State Superintendent of Education, or at such other 
place as may be designated in the call. A majority of the Board 
shall constitute a quorum for transacting business. The official 
seal of the State Superintendent of Education shall be used for 
the authentication of the acts of the State Board. The members 
of the State Board of Education appointed by the Governor shall 
receive as compensation the same mileage and per diem as is 
provided for members of the General Assembly, not exceeding 
twenty days in any one year. 

Sec. 1 183. The State Board of Education shall constitute an 
advisory body, with whom the State Superintendent of Educa- 
tion shall have the right to consult when he is in doubt as to his 
official duty; and shall have power to review on appeal all de- 
cisions of the County Boards of Education, as hereinafter pro- 
vided for. Appeals to the State Board of Education must be 
made through the County Boards of Education, in writing, and 
must distinctly set form the question of law as well as the facts 
of the case upon which the appeal is taken, and the decision 
of the State Board shall be final upon the matter at issue. 

Note. — The remedy against illegal acts of County Boards of 
Education is by appeal to the State Board : Greenville College 
for Women v. County Board of Education, 75 S. C, 93 ; State ex 
rel. Williams v. Hiers, 51 S. C, 388; State ex rel. Bryson v. 
Daniel, 52 S. C, 201 ; Sligh v. Bowers, 62 S. C, 409. The ap- 
peal operates as a supersedeas. Atty GenTs op., 1905, p. 41. 

Sec. 1 184. The State Board of Education shall have power: 
I St. To adopt rules and regulations not inconsistent with the 
laws of the State for its own government and for the government 
of the free public schools. 2d. To prescribe and enforce rules 
for the examination of teachers. 3d. To prescribe a standard of 



12 General School Law of South Carolina. 

proficiency before County Boards of Education which will entitle 
persons examined by such Boards of Education to certificates as 
teachers. 4th. To prescribe and enforce the course of study in the 
free public schools. 5th. To prescribe and to enforce, as far as 
practicable, the use of a uniform series of text-books in the free 
public schools of the State; to enter into an agreement with the 
publishers of the books prescribed, fixing the time of prescrip- 
tion and the price above which the books shall not be retailed 
during the period of prescription, and a rate of discount at not 
less than which the books shall be furnished to the retail dealers 
in this State ; to require the publishers, in the discretion of the 
Board, to establish 'in each county one or more depositories of 
their books within the State, at such place or places as the 
Board may designate, and where such books may be obtained 
without delay; and to exact of the publishers a bond in the sum 
of not more than five thousand dollars conditioned for the faith- 
ful performance of the agreement, and with a penalty of twenty- 
five dollars for each violation of the agreement, the form and 
execution of the bond to be approved by the Attorney General 
of the State, which agreement and bond shall be deposited with 
the State Treasurer, all recoveries thereon to go into the State 
Treasury for school purposes : Provided, That the State Board of 
Education shall not have power, without permission of the Gen- 
eral Assembly of the State, to change a text-book within five (5) 
years from the date of its adoption, except for violation of the 
agreement entered into by its publisher with the State Board of 
Education, for which cause it may be changed by the said Board ; 
and it shall be unlawful for any teacher drawing public school 
money to use any book not prescribed by the State Board of 
Education without the consent, in writing, of said Board. 6th. 
To grant State teachers' certificates and to revoke them for im- 
moral or unprofessional conduct, profanity or evident unfitness 
for teaching. 7th. To review on . appeal an order revoking a 
county certificate : Provided, That no certificate be required of 
examination or proficiency from any applicant for teachers in 
city schools of Charleston having diplomas from the Memminger 
Normal School in the City of Charleston, whether regular or 
extra teachers, but they shall be alone subjected to such exami- 
nations and conditions as may be required by the Board of Com- 
missioners of the city public schools of Charleston. 8th. To 



General School Law oe South Carolina. 13 

award scholarships created by the General Assembly in the insti- 
tutions of learning supported in whole or in part by the State. 

Note. — The State Board acts with discretionary power: State 
ex rel. Williams, 51 S. C., 388; Duncan v. State Board, 74 S. C., 
565 ; 78 S. C, 243. They may in their discretion review the 
action of the County Board of Education fixing hours for school. 
Atty. Genl's. opinion, 1905, 59 ; or prescribe on what lands build- 
ings are to be erected, Atty Genl's opinion, 1905, 43; or deter- 
mine standard of schools and colleges, Atty. Genl's opinion, 
1905, p. 42 As to award of Clemson College scholarships ; post- 
graduates may enjoy; Atty. Genl's Report, 1907, p. 139; as they 
are not limited to any particular class. Atty. Genl's Report, 
1904, p. 23 ; preference must always be given those taking the 
agricultural course, Atty. Genl's Report, 1904, p. 24; vacancies 
from one county cannot be filled from another, Atty, Genl's Re- 
port, 1904, p. 24. 

Sec. 1 185. No child shall be counted in the enrollment more 
than once, nor in more than one school district in any one school 
year, and the school officer charged with the duty of enrollment 
wilfully violating this provision shall be guilty of a misdemeanor. 
The teacher or principal of every school shall keep and furnish 
annually to the Trustees of the school district a list of all pupils 
that have attended the school during the preceding scholastic 
year, showing the names of the pupils, their respective places 
of residence, and the number of days each pupil has attended, 
which li-st shall be certified to the County Board of Education 
by said Trustees on or before the ist day of August in every 
year. 

Act, 1905, Vol. 24, Sec. 483. That whenever any children of 
school age, as provided by law, shall attend a public night school 
for twenty nights in any scholastic year, they shall be deemed 
enrolled and their names shall be used by the County Boards of 
Education in making apportionments just as if they had attended 
day schools ten days as provided by law : Provided, That the said 
night schools shall be taught by teachers qualified by law to 
teach in the public schools of the State : And provided, also. That 
the course of study shall be the course approved by the State 
Board of Education for use in the public schools of the State. 



1-1 Ge;ne;raIv SchooIv Law of South Carolina. 

That the same children shall not be counted twice in making 
up the enrollment of a school district. 

Sec. 1186. (1908, 25 Stats., 1350; 26 Stats., 180.) At the expira- 
tion of the terms of office of the School Commissioners of the 
several counties of the State, there shall be elected by the qual- 
ified electors of the county a County Superintendent of Edu- 
cation for each county, who shall hold his office for the 
term of four years — except in the counties of Aiken, Ander- 
son, Barnwell, Bamberg, Berkeley, Calhoun, Cherokee, Darling- 
ton, Dorchester, Fairfield, Georgetown, Hampton, Lancaster, 
Marion, Pickens, Richland, Sumter, Spartanburg^ Union, Wil- 
liamsburg, Beaufort, Laurens and York, where it is two years — 
and until his successor is elected and qualified : Provided, That in 
the County of Edgefield the term shall not be for four years 
until after the general election in 1910. He shall, before 
being commissioned and entering upon the duties of his 
office, give bond to the State, for the use of the County in 
which he is elected, for educational purposes, in the penal sum of 
one thousand dollars, with good and sufficient sureties to be ap- 
proved by the County Board of Commissioners, conditioned for 
the faithful and impartial discharge of the duties of his office, 
and shall take and subscribe the oath of office prescribed in 
Section 26, Article HL of the Constitution of this State, which 
he shall file in the office of the Secretary of State. When com- 
missioned he shall immediately enter upon the discharge of his 
duties. His failure to qualify withifi thirty days after notice of 
his election shall create a vacancy: Provided, The bond of the 
Superintendent of Education for Saluda County, which has a 
large reserve school fund, shall be five thousand dollars. XXIV 
Stats, 58. 

Sec. 1 187. The State Board of Education shall fill all vacancies 
in the offi.ce of County Superintendent of Education for the 
unexpired term. 

Sec. 1 188. It shall be the duty of each County Superintendent 
of Education to visit the schools in his county at least once in 
each year, and oftener if practicable, and to note the course and 
method of instruction and the branches taught, and to give such 
recommendation in the art of teaching and the method thereof in 



General School Law of South Carolina. 15 

each school as shall be necessary, so that uniformity in the 
course of studies and method of instruction employed shall be 
secured as far as practicable in the schools of the several grades, 
respectively. He shall acquaint himself as far as practicable 
with the character and condition of each school, noting- any 
deficiencies that may exist, either in the government of the 
school or the classification of its pupils or the method of instruc- 
tion employed in the several branches, and shall make such sug- 
gestions in private to the teachers as to him shall appear neces- 
sary to the good order of the school and the progress of the 
pupils. He shall note the character and condition of the school 
houses, the sufficiency or insufficiency of the furniture, and shall 
make such suggestions to the several Boards of Trustees as in 
his opinion shall seem conducive to the comfort and progress of 
the several schools. It shall be the duty of each County Super- 
intendent of Education to aid the teachers in all proper efforts to 
improve themselves in their profession. For this purpose he 
shall encourage the formation of associations of teachers for 
common improvement and conduct teachers' institutes. He 
shall attend the meetings of such associations and give such 
advice and instruction in regard to their conduct and manage- 
ment as in his judgment will contribute to their greater effi- 
ciency. 

Sec. 1 189. The County Superintendent of Education shall 
attend the annual settlement of the County Treasurer with the 
Comptroller General. Within ten days after the County Treas- 
urer makes his monthly report to the County Superintendent of 
Education, showing the amount of money collected by him since 
his last monthly report, it shall be the duty of the County Super- 
intendent of Education to apportion the money arising from a 
tax on property as shown by the Treasurer's report among the 
school districts of his county, and to certify such apportionments 
to the County Treasurer, together with the poll tax belonging to 
each district as shown by said report; and it shall be the duty 
of the County Treasurer to enter upon his book to the credit of 
each school district the amount due each district according to 
such certificate of apportionment, and the County Treasurer shall 
pay out the money belonging to their respective districts, upon 
the school warrants of such districts, duly signed and counter- 



16 Ge;nerai. School Law of South Carolina. 

signed by the school authorities, for that scholastic year in the 
order of their presentation, provided that there be no outstanding 
claims of the previous scholastic year; and the Comptroller Gen- 
eral shall receive the warrants thus paid as proper vouchers in 
the hands of the County Treasurer. 

See Criminal Code for penalty for violation of this section. 

Sec. 1 190. The annual report of the County Board of Educa- 
tion shall contain the complete statistics of all schools within his 
county supported in whole or in part from the public funds, as 
may be required of him by the State Superintendent of Educa- 
tion. 

Sec. 1 191. The County Superintendent of Education shall 
make an annual report of all claims filed, audited and allowed 
and ordered paid by him during each fiscal year to the presiding 
Judge at the third term of the Court of General Sessions for his 
county, which shall be held after the first day of January in each 
year, to be submitted by said Judge to the grand jury for their 
examination. After examination, the grand jury shall report 
thereon to the presiding Judge any matter growing out of or per- 
taining to said annual report which to them may seem worthy 
of the attention of the Court. The said report shall thereupon be 
filed by the Clerk of said Court and kept as papers of said 
Court, for inspection by any citizen desirous of examining the 
same. 

Sec. 1 192. The County Board of Commissioners of each 
county are authorized and required to furnish the County Board 
of Education of their county with a comfortable and convenient 
office and suitable office furniture, and to supply said office with 
fuel, lights, stationery, postage and such other incidentals as are 
necessary to the proper transaction of the legitimate business of 
his office. 

Sec. 1 193. It shall be the duty of the County Superintendent 
of Education, on or before the fifteenth day of July in each year, 
to report to the County Treasurer, by school districts, all school 
claims approved by him for the school year last preceding, and 
the County Treasurer shall thereupon close their school accounts 
for that year, carrying over any balance to the credit of each 
school district of the then current fiscal year. 



Ge;neral School Law o? South Carolina. 17 

Sec. 1 194. The County Superintendent of Education shall keep 
a register of all claims approved by him and of such other mat- 
ters as the State Superintendent of Education shall require of 
him, and in the form prescribed by the State Superintendent. 

Section 1195. The County Superintendent of Education shall 
furnish the School Trustees of his County with copies of the 
reports made to him by the County Auditor and County Treas- 
urer as to the persons listed and paying poll tax, and shall aid the 
Trustees in making all proper corrections. 

Sec. 1 196. The County Superintendents of Education shall 
keep in their office a die, in a circular form, upon the centre of 
which shall be engraved, in capital letters, the word "seal," and 
on the circumference the proper words indicating the office, 
which shall be regarded as the seal of the office, and which the 
County Superintendent of Education shall be required to impress 
upon all papers issued from his office, and affix his name to such 
paper. And it shall be the duty of the County Board of Commis- 
sioners in each county to furnish the County Superintendent of 
Education of their respective counties with such seal. 

Act of 1909, 26 Stats., 132: Any and all school warrants issued 
by any Board of School Trustees against any public school fund 
shall not be paid by the County Treasurer or other officer having 
the custody of such fund until the warrant has been approved by 
the County Superintendent of Education of the county in which 
said warrant is drawn. 

It is not necessary that claims approved by him be also under 
his official seal. — State v. Morton, 51 S. C, 323, 28 S. E., 945. 

Sec. 1 197. That the County Superintendents of Education of 
the various counties of this State shall receive annual salaries as 
follows : Abbeville County, six hundred dollars ; Aiken County, 
six hundred dollars ; Anderson County, seven hundred and fifty 
dollars ; Bamberg County, five dollars ; Barnwell County, five 
hundred dollars; Beaufort County, four hundred dollars; Ches- 
ter County, six hundred dollars ; Berkeley County, three hundred 
dollars ; Charleston County, nine hundred dollars ; Chesterfield 
County, four hundred dollars ; Cherokee County, five hundred 
dollars ; Clarendon County, six hundred and twenty-five dollars ; 
Colleton County, five hundred dollars ; Darlington County, six 



18 General School Law oe South Carolina. 

hundred dollars ; Dorchester County, four hundred dollars ; 
Edgefield County, six hundred dollars; Fairfield County, five 
hundred dollars ; Florence County, eight hundred dollars ; 
Georgetown County, six hundred dollars ; Greenville County, six 
hundred dollars ; Greenwood County, six hundred dollars ; 
Hampton County, five hundred and fifty dollars; Horry County, 
four hundred dollars ; Kershaw County, five hundred dollars ; 
Lancaster County, six hundred dollars ; Laurens County, six 
hundred dollars ; Lexington County, six hundred dollars ; Lee 
County, five hundred dollars ; Marion County, eight hundred 
dollars; Marlboro County, six hundred dollars; Newberry 
County, six hundred and fifty dollars ; Oconee County, five hun- 
dred dollars ; Orangeburg County, eight hundred and fifty dol- 
lars; Pickens County, five hundred dollars; Richland County, 
twelve hundred dollars ; Saluda County, four hundred and fifty 
dollars ; Spartanburg County, twelve hundred dollars ; Sumter 
County, eight hundred dollars ; Union county, five hundred dol- 
lars; Williamsburg County, six hundred dollars; York County, 
seven hundred and fifty dollars. 

Sec. 1 198. In Abbeville, Marlboro, Chester, Lexington, Union 
and York Counties, they shall receive annually, in addition to the 
salaries mentioned in the last section, one hundred dollars, and 
in Laurens County, fifty dollars, for traveling expenses ; and in 
every other county of the State they shall receive annually, in 
addition to their salaries, such sum as may be necessary to pay 
the actual expenses incurred by them in attending, meetings 
called for the purpose of advancing the educational interests, 
and for the purpose of visiting schools in other counties in order 
to become familiar with their management and mode of teach- 
ing: Provided, That no such account shall be approved in favor 
of any County Superintendent of Education until such Superin- 
tendent of Education shall have furnished the County Board of 
Education with an itemized statement, under oath, of the ex- 
penses incurred : And provided, further. That in no case shall 
the expenses exceed one hundred dollars, to be paid on the war- 
rant of the County Board of Education. His claim for services 
and expenses shall be presented in the form of an account against 
the County Board of Education, and shall be verified by affidavit 
to the effect that said account is just and true; that the service 



General School Law oe South Carolina 19 

therein named was honestly and faithfully rendered, and that the 
sum therein claimed is rightfully due and remains unpaid. When 
said account shall have been duly audited and approved by the 
County Board of Education, it shall be filed w^ith the County 
Treasurer, who shall pay the same ratably out of the funds 
apportioned to the several school districts in proportion to the 
average number of children attending the free public schools in 
each school district. 

Note. — The Act of 1899, Sec. 1197, held not to repeal Sec. 1057 
of the Revised Statutes of 1893, this Sec. 1198. Houser v. 
Orangeburg Co., 59 S. C, 265. Atty. Genl. ; Opinion, 1903, p. 
1062, Vol. I of Reports, 1904. 

Sec. 1 199. There shall be a County Board of Education in each 
county, composed of three members, one of whom shall be the 
County Superintendent of Education, and the other two shall 
be appointed by the State Board of Education at its regular 
meeting in April, 1897, and every two years thereafter, who shall 
hold their office for a term of two years from the time of their 
appointment and until their successors shall be appointed and 
qualified, unless sooner removed by the State Board of Educa- 
tion. 

Note. — Two are a quorum and can act. Atty. Genl. Op., 1906, 
p. 105. 

Sec. 1200, 26 Stats., 73. The County Board of Education shall 
examine all candidates for the position of teacher and give to 
each person found qualified a certificate, setting forth the 
branches of learning he or she may be capable of teaching and 
the percentage attained in each branch ; said certificate to be 
valid for a term of two years unless sooner revoked, and it may 
be renewed with or without examination, at the discretion of the 
board, all of which shall be done under such regulations as the 
State Board of Education may prescribe. No teacher shall be 
employed in any of the free public schools without a certificate 
from the County Board of Education or the State Board of Edu- 
cation : Provided, That no examinations as to qualification shall 
be made in the case of any applicant who produces a full diploma 
from any chartered college or university of this State or Mem- 
minger Normal School of Charleston, and furnishes satisfactory 
evidence of good moral character. (From Act of 1906, XXV. 



20 GeneraIv School Law of South Carolina. 

Stats., 37: Provided, further, That the State Board of Education 
shall examine into the curriculum, standing, faculty and equip- 
ment of each institution, and see that it is doing real college 
work before certificates are issued on its diplomas.) The two 
members of the board appointed by the State Board of Education 
shall receive for the services rendered by them compensation at 
the rate of three dollars per diem for not exceeding seven days, 
except in the Counties of Chester and Hampton, where the num- 
ber of days shall be ten, in each year, and mileage of five cents 
for each mile of necessary travel, the same to be paid by the 
County Board of Commissioners out of the ordinary county 
funds : Provided, That in all counties of more than fifty thousand 
population, according to the United States Census of 1900, said 
members shall receive compensation herein fixed for not less 
than seven days nor more than twenty days, in the discretion of 
the County Superintendent of Education. (23 Stats., 1084.) 

Note. — See also Greenville College for Women v. Co. Bd. of 
Education, 75 S. C, 95 ; Atty. Genl's Op., 1905, p. 65, 1906. 
Teacher without certificate cannot draw pay. Atty. Genl's Op., 
1906, 95. County Superintendent of Education gets no per diem. 
Atty. Genl's Op., 1904, p. 40. 

Sec. 1201. It shall be the duty of the County Board of Edu- 
cation and the Boards of Trustees hereinafter provided for to see 
that in every school under their care there shall be taught, as far 
as practicable, orthography, reading, writing, arithmetic, geogra- 
phy, English grammar, the elements of agriculture, history of 
the United States and this State, the principles of the Constitu- 
tion of the United States and this State, morals and good be- 
havior, algebra, physiology and hygiene, and especially as to 
the effects of alcoholic liquors and narcotics upon the human 
system, English literature, and such other branches as the State 
Board may from time to time direct. 

Sec. I20ia. I. That the nature of alcoholic drinks and nar- 
cotics and special instruction as to their effect upon the human 
system, in connection with the several divisions of the subject 
of Physiology and Hygiene, shall be included in the branches of 
study taught in the common or public schools in the State of 
South Carolina, and shall be studied and taught as thoroughly 
and in the same manner as other like required branches are in 



General Schooe Law oe South Carolina. 31 

said schools, by the use of text books in the hands of pupils 
where other branches are thus studied in said schools, and orally 
in the case of pupils unable to read, and shall be taught by all 
teachers and studied by all pupils in all said schools supported 
wholly or in part by public money. 

2. The text books used for the instruction required to be given 
in the preceding section in the primary and intermediate grades, 
shall give at least one-fourth of their space to the consideration 
of the nature and effect of alcoholic drinks and narcotics, and 
the books used in the highest grade of graded schools shall con- 
tain at least twenty pages of matter relating to this matter. 

3. It shall be the duty of the proper ofiBcer in control of any 
school described in the foregoing section to enforce the pro- 
visions of this Act; and any officer, school director, committee, 
superintendent or teacher who shall refuse or neglect to comply 
with the requirements of this Act, or shall neglect or fail to 
make proper provisions for the instruction required and in the 
manner specified by the first section of this Act, for all pupils in 
each and every school under his jurisdiction, shall be removed 
from office and the vacancy filled as in other cases. (Act of 1908, 
25 Stats., 1053.) 

Sec. 1202. The County Boards of Education of the several 
counties of this State shall levy an annual tax of three mills on 
the dollar upon all the taxable property in their respective coun- 
ties, which tax shall be collected at the same time and by the 
same officers as the other taxes for the same year, and shall be 
held in the County Treasury of the respective counties, and on 
the first day of July of each year, or as soon as practicable there- 
after, the said fund shall be apportioned by the said County 
Boards respectively among the school districts of their respec- 
tive counties in proportion to the number of pupils enrolled in 
the public schools of such school districts ; and the said county 
boards shall ascertain the amount of poll taxes collected in and 
for each school district of their respective counties, and shall 
notify the County Treasurer and the Trustees of each school 
district of the amount of poll taxes, as well as of the amount of 
the aforesaid fund apportioned by them to each school district. 

The school funds of each school district shall be distributed 
and expended by the Board of Trustees for the best interests of 



22 General School Law oe South Carolina. 

the school district, according to the judgment of the Board of 
Trustees, on their warrant approved by the County Superintend- 
ent of Education. For the purpose of said apportionment pupils 
shall not be deemed enrolled until after an attendance of at least 
ten school days during the preceding scholastic year. 

Note. — Mandamus will not issue to compel approval of war- 
rant where the funds in Treasury are insufficient to pay it. — 
State ex rel. Williams v. Hiers, 51 S. C, 388, 29 S. E., 89; State 
ex rel. Bryson v. Daniel, 52 S. C, 201, 29 S. E., 633. The power 
of the County Superintendent is also discretionary, and man- 
damus therefore is not the proper remedy. The remedy is given 
in next section. State v. Hiers, supra. 

If the school district or its trustees breach a contract, the dis- 
trict may be sued in an action at law. Hughes v. School Dis- 
trict, 66 S. C, 259; Greenville College for Women v. County 
Board, 75 S. C, 96. 

If a loss of school funds occurs after they are apportioned to a 
particular district, the loss falls on that district only. Att'y. 
Genl's Op., 1903, p. 1075. 

Sec. 1203. The County Board of Education shall constitute an 
advisory body, with whom the County Superintendent of Educa- 
tion shall have the right to consult when he is in doubt as to his 
official duty, and also a tribunal for determining any matter of 
local controversy in reference to the construction or administra- 
tion of the school laws, with the power to summon witnesses and 
take testimony if necessary, and when they have made a decision 
said decision shall be binding upon the parties to the contro- 
versy : Provided, That either of the parties shall have the right to 
appeal to the State Board of Education, and said appeal shall be 
made through the County Board of Education in writing, and 
shall distinctly set forth the question in dispute, the decision of 
the County Board and the testimony as agreed upon by the par- 
ties to the controversy, or, if they fail to agree, upon the testi- 
mony as reported by the County Board. 

Note. — It is clear that the action of a Board of Trustees is 
subject to the supervision and orders of the County Board of 
Education, State v. Daniel, 52 S. C, 201. An appeal lies from 
the county to the State Board : State ex rel. Williams v. Hiers, 



General School Law oe South Carolina. 23 

51 S. C, 388 (Atty. Genl's Op., 1904, p. 39), and when taken 
acts as a supersedeas. (Atty. Genl's Op., 1905, p. 41.) 

Sec. 1204. The County Board of Education shall meet for the 
purpose of examining applicants for teachers' certificates, and 
the transaction of other business, at least twice a year, at such 
places and at such times as the State Board of Education shall 
appoint. The County Superintendent shall be Chairman and 
Clerk of the Board, and shall keep a fair record of their proceed- 
ings, and register of the name, age, sex, color, residence and date 
of certificate of each person to whom a certificate is issued, and 
in case the certificate be cancelled shall make a proper entry of 
the same. The board shall have power to revoke any certificate 
granted by them, for immoral or improper conduct, or evident 
unfitness for teaching. The board shall hold as many additional 
meetings during the year as the interest of the free public schools 
of the county may require, subject to regulations prescribed by 
the State Board of Education. 

Sec. 1205. The County Boards of Education shall divide their 
counties into convenient school districts, as compact in form as 
practicable, having regard to natural boundaries, and not to ex- 
ceed forty-nine nor be less than nine square miles in area, and 
shall alter the lines thereof, and create additional school districts 
from time to time as the interests of the schools may, in their 
judgment, demand : Provided, That no new school district shall 
be erected by said County Board of Education, except upon the 
petition of at least one-third of the qualified electors embraced 
within the limits of such proposed school district : Provided, fur- 
ther, That no school district shall be consolidated except upon 
a petition of at least one-third of the qualified voters of the 
school district proposed to be consolidated : Provided, further. 
Whenever territory embraced in two or more counties is pro- 
posed to be formed into one school district, the same may be 
formed by the joint action of the Board of Education of the re- 
spective counties as herein provided for the formation of the 
school districts in a county: Provided, That in cities of ten thou- 
sand inhabitants and over, this limitation of area shall not apply : 
Provided, further. That when any school district laid out under 
this section shall embrace cities or towns already organized into 
special school districts, in which graded school buildings have 



34 Ge;nerai. School Law of South Carolina. 

« 

been erected by the issue of bonds, or by special taxation, or by 
donation, all the territory included in said school district shall 
bear its just proportion of any tax that may be levied to liquidate 
such bonds or support the public schools therein. The present 
division of the counties into school districts shall remain until 
changed by the County Boards of Education. The County 
Boards of Education are authorized and empowered to make con- 
tracts for the purpose of dividing their counties into proper 
school districts, and to provide for the payment of the expenses 
thereof out of the school funds of the county. Every school dis- 
trict now organized or to be hereafter organized, in pursuance of 
this section, is and shall be a body politic and corporate, by the 

name and style of School District No, (such number as may 

be designiated by the County Board of Education), of 

County (the name of the county in which the district is situated), 
the State of South Carolina; and in that name may sue and be 
sued, and be capable of contracting and being contracted with to 
the extent of their school fund, and holding such real and per- 
sonal estate as it may come into possession of, by will or other- 
wise, or as is authorized by law to be purchased, all of which 
shall be used exclusively for school purposes. 

Note. — As stated, the districts are bodies corporate and may 
sue and be sued. Hughes v. School District, 66 S. C, 259 ; State 
V. Bacon, 31 S. C, 765; Aiken Co. v. Murray, 35 S. C, 508. 
Power of County Board to alter lines of special school district 
created by Legislature. Atty. Genl's Report, 1906, p. 95, 97. 
The County Board has generally power to alter lines of districts. 
Atty. Genl's Op., 1905, p. 40. When the County Board may act 
without petition to do so. Atty. Genl's Op., 1904, 28, 30. Peti- 
tion for consolidation should be signed by one-third of the 
voters in each district to be consolidated. Atty. Genl's Op., 1904, 
29. But the lines of one district may be altered to include another 
district without a petition. Atty. Genl's Report, 1904, p. 30 ; con- 
solidation of districts in different counties is to be based upon 
separate petitions from each. Atty. Genl's Report, 1904, p. 32. 
Adding new territory to a district makes it subject to taxation 
therein. Atty. Genl's Op., 1904, 33. The alteration of district 
lines does not affect a levy of taxes already made. Atty. Genl's 
Op., 1076. The expenses of survey, etc., are to be paid out of the 
school funds. Atty. Genl's Op., 1904, 28. 



Ge;ne;ral School Law of South Carolina. 25 

Sec. 1206. Each school district shall be under the manage- 
ment and control of the Board of Trustees hereinafter provided 
for, subject to the supervision of the County Board of Educa- 
tion. 

Sec. 1207. The school districts of the several counties of the 
State are hereby made and declared to be the divisions of the 
counties for taxation for all school purposes. 

Sec. 1208. The voters or electors of any school district who 
return real or personal property for taxation, are authorized to 
levy and collect an annual tax, to supplement any special or 
other constitutional or other tax for like purposes, in following 
manner; upon the written petition or request of at least one-third 
of the resident electors and a like proportion of the resident free- 
holders of the age of twenty-one years, being filed with the 
County Board of Education, asking for the same, and stating the 
rate of tax levy proposed, which shall not exceed four mills. 
The said County Board of Education shall order the Board of 
Trustees of said school district to hold an election at some place 
within the district, at any time during any fiscal year, after 
giving notice of the time and place thereof in some newspaper 
published within the county and by posting notice thereof in at 
least three public places within such school district, for two 
weeks, unless there be no newspaper published within the 
county, in which event the posting of the notices as above shall 
suffice. At which said election only such electors as return real 
or personal property for taxation, and who exhibit their tax re- 
ceipts and registration certificates as required in general elec- 
tions, shall be allowed to vote. At said election the Board of 
Trustees shall act as managers, and the election shall be con- 
ducted as is provided by law for the conduct of general elections. 
At said election, each elector favoring the proposed levy shall 
cast a ballot containing the word "Yes," printed or written 
thereon, and each elector opposed to said levy shall cast a ballot 
containing the word "No," printed or written thereo'n. Within 
ten days after such election, if the majority of those voting shall 
vote for such levy, the Board of Trustees shall furnish the 
County Auditor with a statement of the amount so levied, and 
the Auditor shall enter the same in the tax duplicates ; and he 
shall annually, each year thereafter, enter said amount in the tax 



26 Ge;nerai, School Law of South Carolina. 

duplicates until the same is increased, decreased, or repealed by 
said taxpayers, at election called for that purpose, which said 
election must be held on or before the first day of June, and he is 
notified that the same has been increased, decreased, or repealed ; 
and if increased, or decreased, he shall annually enter it as before; 
which election shall be called and notice given in the same way 
and manner as is herein provided for the calling of meetings to 
make the levy and the giving of notice that it has been made ; 
and the County Treasurer shall collect the same as other county 
and State taxes : Provided, That any tax which may be levied, 
increased, decreased or repealed, after October ist in any fiscal 
year, shall not take effect until the next succeeding fiscal year. 
Such levy shall be a lien on the property in such school district, 
which shall be subject thereto in case of default of payment. 
Said tax so collected shall be paid out by the County Treasurer 
upon warrants drawn by the Board of Trustees, countersigned 
by the County Superintendent of Education : Provided, That any 
surplus of such levy remaining in the hands of the County Treas- 
urer at the expiration of any fiscal year shall be paid out as other 
school funds of the district. Each taxpayer, when he pays any 
tax for school purposes voted under the provision of this section, 
shall have the right to designate to which school in said school 
district he wishes the money paid by him to go; and the Treas- 
urer shall keep a note of such designation, and the money shall 
be applied as thus designated. When no designation is made 
by the taxpayer at the time of such payment, the money shall be 
expended as other school funds in such districts : Provided, That 
nothing herein contained shall be construed to change the man- 
ner now provided by law for the collection and paying out of 
special taxes in any school district now established by any spe- 
cial Act of the General Assembly and organized thereunder. 
(1907, 25 Stats., 631.) 

Note. — Where the district lines divides tract of land, owner 
can only vote in the district in which he resides. Atty. Genl's 
Op., 1904, 52 ; Atty. Genl's Op., 1906, 102. The voter must both 
own property in district and have paid taxes. Atty. Genl's Op., 
1906, p. 99 ; also Mch. 7, 1900. 

If the election is contested the County Board of Education 
hears the contest and determines the result, subject to review by 
State Board. Atty. Genl's Op., 1904, p. 53. 



General School Law oe South Carolina. 27 

This is a local election, distinguished from general or special 
election, and the provisions of Code, Sec. 179, requiring registra- 
tion books closed for 30 days prior thereto does not apply to it. 
Atty. Genl's Op., 1903, p. 53. If illegally conducted the levy may 
be enjoined. Atty. Genl's Op., 1904, p. 51. 

The petition must be signed by one-third both of resident 
voters and resident freeholders. Atty. Genl's Op., July 10, 1902. 
The electors must be registered, but not the freeholders, which 
term includes women owing property in the district. Atty. 
Genl's Op., 1906, 104. 

The County Auditor should be given written notice of the 
levy. Dent. v. Brice, 16 S. C, 12; Atty. Genl's Op., 1904, 51-52. 
This Notice must be given in time for the Auditor to make the 
proper entries on duplicates before October ist. Atty. Genl's Op., 
1906, 105. So as to the time of election. Atty. Genl's Op., May 
10, 1902. 

The taxpayer can only direct application of tax to a school 
within the district wherein his property taxed is situated. Atty. 
Genl's Report, 1904, 29. 

When once voted the tax is a lien on all property within the 
district until repealed. Atty. Genl's Op., 1904, p. 30; or the land 
is taken out of the district by an alteration of lines. Atty. Genl's 
Op., 1904, 31. 

A taxpayer participating in the election is estopped to deny 
regularity. Martin v. School District of Laurens, 57 S. C, 125. 

Sec. i2o8a. (Act of 1907, 25 Stats., 522, as amended by Act 
of 1909, 26 Stats., 89.) I. The Trustees of any public school 
district in the State of South Carolina are hereby authorized and 
empowered to issue and sell coupon bonds of the said school 
district, payable to bearer, in such denominations and amount as 
they may deem necessary, not to exceed four per cent, of the 
assessed valuation of the property of the district for taxation, 
and bearing a rate of interest not exceeding six per cent, per 
annum, payable annually or semi-annually, and at such times as 
they may deem best: Provided, That the question of issuing the 
bonds authorized in this section shall be first submitted to the 
qualified voters of such school district at an election to be held 
upon the written petition or request of at least one-third of the 
resident electors and a like proportion of the resident freeholders 



28 General School Law oe South Carolina. 

of the age of twenty-one years, to determine whether said bonds 
shall be issued or not, as herein provided: Provided, further. 
That before any election is held under this Act it shall be the 
duty of the trustees of the school district to have a survey of 
said school district made by some competent surveyor and a 
plat thereof made and filed in the office of the clerk of court: Pro- 
vided, further, That the maximum percentage of assessed val- 
uation as fixed above shall not apply to Rosemary School Dis- 
trict in the County of Georgetown, but that in said school dis- 
trict the maximum percentage of assessed valuation of property 
shall be eight per cent. 

2. For the purpose of determining the issue of bonds author- 
ized in Sec. I of this Act, such trustees of school district shall 
order an election to be held at such place in such school district 
as may be designated by such trustees of such school district on 
the question of whether such bonds shall be issued or not, in 
which election only qualified voters residing in such school dis- 
trict shall be allowed to vote, and such trustees shall give notice 
of such election for ten days in a newspaper published in such 
district, or by posting such notice in three public places in such 
school district; shall designate the time and place and appoint 
the managers of such election, and receive the returns of the 
managers of such election, and declare the results. 

3. The ballot cast must have written or printed on it the words 
"For Bonds" or "Against Bonds." 

4. If a majority of the votes cast at such election shall be for 
issuing the bonds, such trustees shall issue such bonds,, which 
shall run not longer than twenty years from date of issue thereof, 
which shall be sold by such trustees at not less than par, and 
proceeds of which shall be used by such trustees for the pur- 
pose of erecting buildings, and for equipment for maintaining 
public schools in such school district, or for paying the indebt- 
edness of such school district; and such bonds and coupons of 
the same shall constitute a lien upon the property of such school 
district; it shall be the duty of the county officers charged with 
the assessment and collection of taxes, to levy and collect an- 
nually from all the property, real and personal, within the limits 
of, such school district, a sum sufficient to pay the interest on 
such bonds, and also a sum sufficient to provide a sinking fund 
for the payment of such bonds when due, and the coupons 



General School Law of South Carolina. 29 

thereof shall be received for school taxes upon property within 
such school district. 

5. All bonds issued under and in pursuance of this Act shall 
be signed by the trustees of such school district : Provided, That 
the signatures of such trustees shall be lithographed or engraved 
upon the coupons attached to such bonds, and such lithographed 
signatures shall be sufficient signing thereof. 

6. The proceeds of such bonds as are contemplated in this Act 
shall be deposited with the County Treasurer of the county in 
which such school district is located, and shall be receipted for 
by such County Treasurer, and shall be paid out by him only 
upon the warrant of such Board of Trustees, as provided by 
law for the handling, expending and accounting for all other 
public school funds : Provided, That nothing in this Act shall be 
construed as affecting any bonds already issued or voted in any 
school district of the State or bonds authorized by special Acts of 
the Legislature. 

7. That the Treasurers of the counties in which said school 
districts are situated are directed and requested to deposit all 
moneys in their hands belonging to the sinking fund which may 
accumulate under the provisions of this Act in some savings 
institution or bank approved by the Board of Trustees of said 
school district, at the best rate of interest that can be obtained 
until the said bonds mature, and that the said Treasurers shall, 
at the direction of the Board of Trustees, change the place of 
deposit at any time. 

i2o8b. (Act of 1898, 25 Stats., 1051.) All bonds hereafter 
issued or sold, or to be hereafter issued or sold, by the trustees of 
any school district or school districts pursuant to the vote of the 
majority of the qualified voters of such school district, or school 
districts, voting at an election heretofore or hereafter held for the 
erection of buildings, for equipment, for maintaining public 
schools in such district or districts, or for paying indebtedness of 
such district or districts, shall be exempt from all taxation for 
State, county, municipal or school purposes. 

Note. — See the High School Act of 1907, 25 Stats., 518, as 
amended in 1908, 25 Stats., 11 19, and 1909, 26 Stats., 85, pub- 
lished in separate pamphlet by the State Superintendent in 1909, 
with the high school regulations and courses of study. 



30 General Schooe Law of South Carolina. 

Sec. 1209. Whenever it shall happen that by reason of the 
location of special school districts portions of two adjacent coun- 
ties should for convenience be included in one school district, the 
County Boards of Education of such counties are hereby author- 
ized and directed in joint conference to make such regulations as 
will enable such sections to be established into a separate school 
district. 

Sec. 1210. Each County Board of Education, on the first Tues- 
day of July, 1908, and on the first Tuesday in July two years 
thereafter, shall appoint for each school district in their county 
three School Trustees, from the qualified electors and taxpayers, 
residing in the district, who shall hold their office for two years, 
and until their successors are appointed and qualified, unless 
sooner removed by the County Board of Education. The 
County Board of Education shall have power to fill, from time 
to time, all vacancies in the Board of Trustees. The School 
Trustees shall meet as a Board as soon and as often as practica- 
ble, and after having been appointed and qualified, at such place 
as may be most convenient in the district. At their first meet- 
ing they shall organize by electing one of their number Chair- 
man of the Board, who shall pi-eside at the official meetings of 
the Board, and another Clerk of the Board, who shall record 
their proceedings in a book provided for that purpose. Each 
member of the Board of Trustees shall be duly notified of all 
meetings of the Board by the Clerk of the Board : Provided, That 
the foregoing provisions of this section shall not apply to special 
and graded school districts created by special Acts ; but that the 
Trustees and School Commissioners of all special and graded 
school districts shall remain the same in number, and shall be 
elected or appointed in the same manner, and shall hold the 
office for the same time as is provided for in the respective 
special Acts; except that in the special school districts where the 
Trustees, or their successors, are appointed by the State Super- 
intendent of Education under the provisions of the special Acts, 
the Trustees shall hold office until the first Tuesday in July, 1908, 
on which day, and on the same day every two years thereafter, 
the Trustees shall be elected by the qualified electors of such 
school district : Provided, That special school districts having a 
population of not less than five thousand inhabitants, and in 



General School Law of South Carolina. 31 

which the Boards are not fixed by special or specific legislation, 
may elect, on the second Tuesday in January, 1904, or 
on the second Tuesday in January of any alternate 
year thereafter, nine Trustees, to constitute a Board 
in their respective districts : Provided, further, That three 
of the said Trustees to be elected at said election shall serve 
for a term of two years, three for a term of four years, and three 
for a term of six years, the term of each Trustee to be determined 
by lot in the presence of the County Board of Education ; and 
on the second Tuesday of January every two years thereafter, 
three Trustees shall be elected to serve for a term of six years. 
The election of all Trustees for all such school districts shall be 
by ballot, and shall be conducted under the supervision of three 
qualified electors residing within the district, who shall be ap- 
pointed by the County Board of Education, at least ten days 
prior to the holding of the election. The managers shall report 
the result of the election to the County Board of Education, 
within ten days thereafter, which Board shall commission the 
Trustees so elected. The Board of Trustees of each special or 
graded school district shall elect from their number a Chairman, 
who shall preside at their meetings, and a Secretary, or Secretary 
and Treasurer, who shall record the proceedings of the Board, 
and who shall keep a full and accurate account of all moneys 
received and expended, showing the source and disposition of 
each item, and who shall make a complete itemized report of the 
receipts and disbursements of each scholastic year to the County 
Superintendent of Education, on or before the 15th day of July 
of each year. The books and vouchers of the Secretary and 
Treasurer shall be open at all times to inspection by the public: 
Provided, further. That upon the petition of one-third of the 
qualified electors of School District No. 13, in Abbeville County, 
filed with the County Superintendent of Education, on or before 
the first day of June in any year, when School Trustees are to be 
appointed, the County Board of Education shall order an elec- 
tion to elect the Trustees for School District No. 13 in the man- 
ner herein provided for in the election of Trustees of Special 
School Districts. (23 Stats., 63 ; 24 Stats., 528 and 25 Stats., 30.) 

Note. — Qualifications of Trustee : He must have resided in the 
county one year, and be a resident qualified elector and tax- 



33 General School Law oi^ South CaroIvIna. 

payer in the school district. Atty. Genl's Op., 1904, 40. He need 
not be a freeholder. Atty. Genl's Op., 1904, 42. 

There are to be three Trustees only, except where by a special 
provision of law provision is made for a larger number. Atty. 
Genl's Op., 1903, 1065. 

The terms of the Trustees expire on the first Tuesday in July 
in alternate years. Atty. Genl's Op., 1903, p. 1066-1068. 

This section does not affect the election of Trustees in special 
districts created by special Act, except as expressly provided. 
Atty. Genl's Op., 1903, p. 51 and 47. 

School Trustees cannot hold any other office ; for instance. 
Mayor. Atty. Genl's Op., 1907, p. 106; City Clerk, Atty. Genl's 
Op., 1907, p. 108; or Clerk of Dispensary Boards Atty. Genl's Op., 
1908, p. 105 ; but may accept other employment, not being an 
officer, as rural mail carrier. Atty. Genl's Op., 1907, 108 and 109. 

If he accepts another office, he may still act as a Trustee until 
his office is declared vacant in a judicial proceeding. Atty. 
Genl's Op., 1905, 47. 

Two members being a majority of the Board can transact bus- 
iness, Atty. Genl's Op., 1906, p. 105; if the absent member has 
been notified of the time and place of meeting, Atty. Genl's Op., 
1905, p. 47. 

School Trustees may be removed by the County Board with- 
out preferring charges against them. Atty. Genl's Op., 1905, 
p. 56. 

Sec. 121 1. The Board of Trustees in each school district shall 
take the management and control of the local educational inter- 
ests of the same, and shall visit each school district at least once 
in every school term, and shall be subject to the supervision 
and orders of the County Board of Education. 

State ex rel. Bryson v. Daniel, 52 S. C, 201, 29 S. E., 633. 

Sec. 1212. The Board of Trustees shall hold a regular session 
in their school districts at least two weeks before the commence- 
ment of any or every school term for the transaction of any and 
all business necessary to the prosperity of the schools, with 
power to adjourn from time to time and to hold special meetings 
at any time or place when called upon by the Chairman or any 
two members of the Board. 



General School Law of South Carolina. 33 

Sec. 1213. The School Trustees of the several school districts 
are authorized and empowered to sell any school property, real 
or personal, in their school districts whenever they deem it expe- 
dient to do so, and to apply the proceeds of sale or sales to the 
school fund of the district wherein such sale is made : Provided, 
That the consent of the County Board of Education be first ob- 
tained by the Trustees desiring to make such sale. That it shall 
be the duty of the said Board of Trustees, within thirty days 
after said sale, to enclose a report of the same to the County 
Board of Education, setting forth the terms and amount of said 
sale. 

Sec. 1214. When it shall so happen that persons are so situated 
as to be better accommodated at the school of an adjoining 
school district, whether special or otherwise, the Board of Trus- 
tees of the school district in which such persons reside may 
transfer such persons for education to the school district in 
which such school is located ; and the Trustees of the school dis- 
trict where the school is located shall receive such persons into 
the school as though they resided within the district : Provided, 
That children shall not be transferred from a school district in 
one county to a school district in an adjoininig county without 
the consent of the Board of Education of the respective counties 
in which the transfer is made : Provided, further. That if any tax- 
payer pays taxes in two or more counties he shall have the right 
to send his children to the school of any one of said counties. 

For directions as to enrollment, see Sec. 1185, ante. 

Note. — The transfer is only authorized between adjoining dis- 
tricts, Atty. Genl's Op., 1903, 1069; scholars from one district are 
not entitled to free tuition in another district unless transferred 
under this section, Atty. Genl's Op., 1906, 103, 1905, 48. They 
cannot be received as free pupils without such transfer. Atty. 
Genl's Op., 1904, p. 37. But if so transferred they cannot be 
charged tuition. Atty. Genl's Op., 1905, p. 63; 1904, p. 36 and 50. 
The district to which the transfer is made cannot refuse to re- 
ceive the pupil. Atty. Genl's Op., 1904, p. 38 and 39. The order 
making the transfer may be reviewed by the County Board of 
Education or appeals. Atty. Genl's Op., 1905, p. 50 and 54; 1904, 
p. 34. It is too late to appeal after both district Boards have 
acquiesced in the transfer. Atty. Genl's Op., 1904, 36. 



34 General School Law of South Carolina. 

Sec. 1215. Each school teacher shall make out and file with 
the Clerk of the Board of Trustees, at the expiration of each 
school month, a full and complete report of the whole number 
of pupils admitted to the school during each month, distinguish- 
ing between male and female, the average attendance, the 
branches taught, the number of pupils engaged in studying each 
of said branches, and such statistics as he or she may be required 
to make by the County Board of Education : Provided, That 
whenever a teacher is unavoidably prevented from filing said re- 
port at the expiration of any school month, the Board of School 
Trustees may have authority to receive the report within a rea- 
sonable time thereafter, if, in their opinion, the reasons for the 
delay are good and sufficient. On the filing of the teacher's 
report and its approval by the Board of Trustees, their Clerk 
shall draw an order in duplicate on the County Treasurer for 
the amount due such teacher, which shall be signed by the 
Board, which order, if accompanied by a copy of said monthly 
report and approved by the County Superintendent of Educa- 
tion, shall be countersigned by him and the duplicate filed in his 
office. 

Note. — Pupils cannot be included in enrollment unless they 
have attended at least ten days during the session. Atty. Genl's 
Op., 1905, 63. Separate pay warrant must be issued to each 
teacher. Atty. Genl's Op., 1904, p. 44. And salaries are to be 
paid only for the term the public school runs. Atty. Genl's Op., 
1903, p. 1076. 

Sec. 1216. All claims, of every description whatsoever, which 
are chargeable against the fund raised for the support of the 
free public schools of the State, except such as are otherwise 
provided for by law, must be signed by at least a majority of the 
Board of Trustees of the school district against which the claims 
are chargeable ; and the correctness and legality of the same shall 
be sworn to and subscribed by the person presenting such claim 
before it shall be approved by the person or persons authorized 
by law to give such approval. School Trustees and County Su- 
perintendents of Education shall, free of charge, administer 
oaths to persons presenting the claims contemplated by this sec- 
tion. 



General School Law ol~ South Carolina. 35 

Approval of claim is not compellable by mandamus. State ex 
rel. Williams v. Hiers, 51 S. C, 388, 29 S. E., 90; The endorse- 
ment of approval need not be under official seal. State v. Mor- 
ton, 51 S. C, 323, 28 S. E., 945- 

Sec. 1217. It shall be unlawful for a School Trustee to receive 
pay as a teacher of a free public school. 

Sec. 1218. The Board of Trustees shall also have authority, 
and it shall be their duty: 

I St. To provide suitable school houses in their districts, and 
to make the same comfortable, paying due regard to any school 
house already built or site procured, as well as to all other cir- 
cumstances proper to be considered so as best to promote the 
educational interests of their district. 

Note. — Location of school house site by Trustees is subject to 
review by the County Board of Education. Sligh v. Bowers, 62 
S. C, 409, 40 S. E., 885 ; Young v. Trustees, 64 S. C, 131. 

See, also, Atty. Genl's Op., 1904, p. 26. , 

Note. — The Trustees can designate what school 'a pupil shall 
attend. Atty. Genl's Op., 1903, 1068; or may discontinue a 
school. Atty. Genl's Op., 1903, 1073 ; or located in a private 
building. Atty. Genl's Op., 1903, 1073 and 1074. Trustees are 
not authorized to submit question of location to an election. 
Atty. Genl's Op., 1903, 1072. 

2d. To employ teachers from those having certificates from 
their County Board of Examiners or from the State Board of 
Education, and to fix their salaries, and to discharge the same 
when good and sufficient reasons for so doing present them- 
selves, subject to the supervision of the County Board of Educa- 
tion. 

Note. — Construed in connection with Sec. 121 1 to mean "sub- 
ject to the supervision and orders of the County Board of Educa- 
tion." — State ex rel. Bryson v. Daniel, 52 S. C, 201, 29 S. E., 633. 

(As to the employment of teachers related, or kin to Trustees, 
see Sec. 1228 beloMA.) 

The action of the School Trustees fixing salaries of teachers 
may be reviewed by the County Board of Education. Atty. 
Genl's Op., 1905, p. 56. 



36 GeneraIv School Law of South Carolina. 

The teacher elected must be one having a certificate. Atty. 
Genl's Op., 1904, p. 43 ; and cannot be elected for a longer terjm 
than that of the Trustees electing. Atty. Genl's Op., p. 43 ; also 
Aug. 6, 1901. The Trustees cannot employ a Superintendent to 
visit and supervise the work of the schools in their district. 
Atty. Genl's Op., 1904, p. 44. 

The dismissal, but not the employment, of teachers is subject 
to review of the County Board of Education. Atty. Genl's Op., 
Oct. II, 1901. 

No general or special School Trustees shall hereafter employ 
any teacher who has not a certificate to teach in the free public 
schools of the State. This provision, however, not to affect the 
employment of any teacher now teaching in any of the schools of 
the special School Districts : Provided, further. That the Trus- 
tees of any such school shall always have the right and power to 
impose any additional examinations and qualifications they may 
deem proper before or after employing any teachers : Provided, 
also, That all funds of the free public schools of this State other 
than those arising from the special levy of special School Dis- 
tricts shall be paid out of the County Treasury, upon warrants 
duly vouched by the School Trustees of the respective schools 
or school districts, or otherwise, as provided by the laws gov- 
erning any special School District. 

3d. To suspend or dismiss pupils when the best interests of 
the schools make it necessary. 

4th. To call meetings of the qualified electors of the district 
for consultation in regard to the school interests thereof; at 
which meetings the Chairman or other member of the Board 
shall preside, if present. 

5th. To take care of, manage and control the school property 
of the district. 

6th. To visit the free public schools within their district, from 
time to time, and to take care that they are conducted according 
to law and with the utmost efficiency. 

7th. They shall be allowed to cross all bridges or ferries free 
of charge when they are traveling on official business. 

Note. — The Trustees cannot charge the pupils incidental fees. 
Younger v. Trustees, 64 S. C, 131. 



General School Law of South Carolina. 37 

Sec. 1219. The County Auditor shall require each taxpayer 
to return the number and name of the school district in which 
he resides when he makes his tax return, and the Auditor shall 
state the name in a separate column in the tax duplicates. 

Sec. 1220. The County Auditor, when he has completed the 
tax duplicates, shall report to the County Superintendent of 
Education, by school districts, the names listed for poll tax, and 
the amount of taxable property where there is a special levy. 

Note. — The report, or information, given the County Super- 
intendent of the poll tax listed in each district is in fact an appor- 
tionment of such tax, and to be treated as such. Atty. Genl's 
Op., 1903, p. 1063. 

Sec. 1221. The several County Treasurers shall retain the 
poll tax collected in their respective counties ; and it is hereby 
made the duty of the said Treasurer in collecting- the poll tax to 
keep an account of the exact amount of said tax collected in each 
school district in his county, and the poll tax collected therein 
shall be expended for school purposes in the school district from 
which it was collected ; and any violation of this section by the 
County Treasurer shall constitute, and is hereby declared, a mis- 
demeanor, and on conviction thereof the said County Treasurer 
shall pay a fine not more than five hundred dollars, -to be used for 
school purposes in the county suffering from such violation, or 
imprisonment, in the discretion of the Court. 

Sec. 1222. Each County Treasurer, when he has finished the 
collection of taxes for his county, shall report to the County 
Superintendent of Education the names of the persons in the 
respective school districts who have paid their poll tax. 

Sec. 1223. It shall be the duty of each County Treasurer to 
report monthly, on the fifteenth day of each month, to the 
County Superintendent of Education of his county, the amount 
of collections and disbursements made by him for the month on 
account of school tax and all other school funds ; and it shall be a 
misdemeanor on the part of any County Treasurer to neglect, 
fail or refuse to make such report, and on conviction thereof he 
shall pay a fine of not more than five hundred dollars, the same 
to be used for school purposes in his county. 



38 General School Law of South Carolina. 

Sec. 1224. All moneys disbursed by any County Treasurer on 
account of school funds, taxes or other school funds, shall be 
paid on the order of the Board of School Trustees, countersigned 
by the County Superintendent of Education, or as otherwise 
directed by law. 

Note. — Distinction between countersigning, and drawing a 
warrant on school funds. 

Ex parte Board of Commissioners Florence Graded Schools, 
in re McDuffie, School Commissioner, 43 S. C, 11, 20 S. E., 794. 

Sec. 1225. Each County Treasurer shall make out and forward 
to the State Superintendent of Education annually, on the first 
day of November, a certified statement showing (by school dis- 
tricts) the amount of poll tax and the amount of all other school 
taxes collected by him for the fiscal year ending on the 31st day 
of December next preceding; and should any County Treasurer 
fail or neglect or refuse to make and forward the statement as 
herein required, the State Superintendent of Education shall 
make a written complaint to the Circuit Solicitor for the county 
in which the said Treasurer resides, who shall prosecute the said 
County Treasurer for the same, and on conviction thereof he 
shall be subject to a fine of not more than live hundred dollars, 
the same to be used for free public school purposes in his 
county. 

Sec. 1226. The County Treasurer shall carry forward all sums 
in his hands collected for any previous year or years for school 
purposes, and unexpended, to the next fiscal year, andcredit the 
same to the school district respectively for which it was appor- 
tioned, and he shall report the same to the County Superintend- 
ent of Education. 

Sec. 1227. It shall be unlawful for any County Treasurer, 
County Auditor, member of County Board of Education, or 
School Trustee, to buy, discount or share, directly or indirectly, 
or be in any way interested in any teacher's pay certificate or 
other order on school fund, except such as are payable to him 
for his own services, or for any School Trustee to make any con- 
tract, or be pecuniarily interested, directly or indirectly, in any 
contract with any school district of which he is Trustee. 

See Criminal Code, Sec. 418, for penalty for violation of this 
provision. - • 



General School Law of South Carolina. 39 

Sec. 1228. The County Board of Education shall regulate the 
opening- and closing of the school terms so as best to promote 
and subserve the educational interest of the different sections of 
their counties : Provided, That all contracts which Boards of 
Trustees may make in excess of the funds apportioned to their 
districts shall be void. And no teacher shall be employed by a 
Board of Trustees of any school district who is related to a 
member of the Board by consanguinity or affinity within the 
second degree, without the written approval of the Board of 
Education of the county, nor unless a majority of the parents or 
guardians of the children attending the school for which such 
teacher is employed requests such employment in writing. 

Note. — Contracts in excess of funds are void, being beyond the 
power of the Trustees. State v. Bowman, 66 S. C, 153. 

A petition should be signed by the parents as desiring the em- 
ployment of a relative of a Trustee as teacher, and the approval 
of the County Board of Education should be endorsed thereon. 
Atty. Genl's Op., 1905, 65 ; 1904, 42, 

The term, "second degree," includes persons related as uncle 
and nephew or niece, first cousins, and those nearer. Atty. 
Genl's Op., 1904, p. 42. 

After the petition, nomination or request in writing is sub- 
mitted, it is for the Trustees to elect or not as they see proper. 
Atty. Genl's Op., 1903, p. 1075. 

Sec. 1229. It shall not be lawful for any person who is less 
than six or more than twenty-one years of age to attend any of 
the free public schools of this State. 

Note. — This prohibits the establishment of free kindergarten 
for children under six years by Trustees. Atty. Genl's Op., 1903, 
1061. 

Sec. i230.The members of the State Board of Education ap- 
pointed by the Governor, members of the County Boards of 
Education appointed by the State Board of Education and mem- 
bers of the Board of Trustees shall be exempt from militia duty. 

Note. — School Trustees and teachers employed in public 
schools are exempted from liability to work on the public roads, 
by Act of 1905, 24 Stats., 874. 

See Criminal Code for penalty for members of County Boards 
of Education and School Trustees attempting to act after expira- 



40 • General School Law of South Carolina. 

tion of their term, or removal from office ; and for teachers acting 
as agents for school books. 

Sec. 1231. It shall be unlawful for pupils of one race to attend 
the schools provided by Boards of Trustees for persons of an- 
other race. (Cited in Flood v. News and Courier Co., 71 S. C, 
118.) 

Sec. 1232. The scholastic year shall begin on the first day of 
July of each year and end on the thirtieth day of June fol- 
lowing. 

Sec. 1233. The free public schools of the State shall be kept 
open and the exercises thereof continued, in each school district 
in the State, for a period of at least three months in each and 
every year. 

Sec. 1234. The Comptroller General, in determining whether 
any deficiency exists in any school district, for the purposes of 
the distribution of the fund mentioned in the next succeeding 
section, shall make his estimate upon the basis of the allowance 
to each school in every school district, out of the three mill con- 
stitutional tax and poll tax, the sum of seventy-five dollars for 
the expenses of such term of three months, for each school ex- 
isting during the scholastic year 1897-1898. 

Sec. 1235. -^^1 ^^^ income derived by the State from the sale of 
liquors in this State, under the dispensary law, shall be appor- 
tioned among the various counties of this State, for the benefit 
of the common schools, in proportion to the deficiencies existing 
in the various counties of this State, after the application of the 
three mill tax and the poll tax, to run the public schools for the 
time fixed in Sec. 1233; and if there shall be a surplus remaining 
of such net income, after such deficiencies shall have been 
equalized, it shall be devoted to public school purposes, and be 
apportioned among the counties in proportion to the enrollment 
in the public schools, as shall appear by the report of the State 
Superintendent of Education for the next preceding scholastic 
year, and be distributed among the school districts of the coun- 
ties, and be disbursed as other school funds : Provided, That out 
of said surplus there shall be appropriated five thousand dollars 
for the purpose of maintaining institutes for the better instruc- 
tion of the teachers of the public schools, the same to be paid on 



Generai, School Law of South Carolina. 41 

the warrant of the Governor and the State Superintendent of 
Education ; and all funds derived from said dispensary law, not 
already disbursed, shall be apportioned in the same w^ay. 

Note. — When mandamus will issue to compel apportionment. 
State ex rel. Capers v. Derham, 54 S. C, 349, 32 S. E., 418. 

Sec. 1236. Such apportionment shall be made by the Comp- 
troller General quarterly, and he shall draw his warrant upon the 
State Treasurer in favor of the County Treasurer of the respec- 
tive counties for the amounts apportioned to such counties, re- 
spectively. 

Sec. 1236a, 23 Stats., 1103. (i) The Directors of the State 
Dispensary shall pay over to the State Treasurer by January i, 
1904, in equal semi-annual payments, all of the school fund re- 
ported by them in excess of four hundred thousand dollars, for 
the benefit of the common schools of the State, to be apportioned 
by and paid out on the warrant of the Comptroller General as is 
now provided by law for the apportionment and payment of Dis- 
pensary profits for the benefit of said schools : Provided, That 
the first payment shall be made on the 30th day of June, 1902. 

(2) The Directors of the State Dispensary shall make quar- 
terly settlements for the purpose of ascertaining the net profits 
accruing to the State from the sales made from the State Dis- 
pensary, and shall pay over the profits so ascertained to the State 
Treasurer within ten days thereafter, for the benefit of the com- 
mon schools of the State, to be apportioned by and paid out on 
the warrant of the Comptroller General as is now provided by 
law for the apportionment and payment of dispensary profits 
for the benefit of said schools. The first settlement made under 
this Act shall be on the 31st day of March, 1902. 

(3) The County Treasurers of the several counties of this 
State shall not pay to the authorities of the several cities and 
towns, entitled to dispensary profits, their share of such profits 
except upon the warrants of the County Board of Control and 
County Auditor issued to the authorities of said cities and towns, 
when settlements are made by them as required by law. The 
said County Board of Control and County Auditor shall at the 
same time also certify in writing to the County Supervisor of the 
county entitled to share the dispensary profits the amount 
thereof to which the county is entitled. 



42 , G]e;neral School. Law of South Carolina. 

(4) All profits from County Dispensaries subject to distribu- 
tion among" the counties, cities and towns of the State which 
have accrued since the fourth Monday of December, 1901, and 
which may hereafter accrue, shall be distributed monthly among" 
the counties, cities and towns entitled thereto in the proportion 
fixed by law, and that the settlements to ascertain the same 
shall be made on the fourth Monday in each month, instead of 
quarterly, as heretofore provided by law. 

1235a. (Act of 1909, 26 Stats., 165.) For the purpose of equal- 
izing the free school term throughout the State, the sum of 
twenty thousand dollars is hereby appropriated. And the State 
Superintendent of Education is hereby directed to apportion the 
same for the purpose of supplying the deficiencies which Sec. 6 
of Art. Xr of the Constitution of this State requires the General 
Assembly to provide for. And the said sums shall be expended 
in accordance with the provisions of said section of the Consti- 
tution in such manner as will give aid to schools in proportion 
to the deficiencies as they may be found to exist — the greatest 
deficiency receiving the greatest aid — so far as said fund will 
extend : Provided, That no school shall receive aid hereunder 
until a fund shall have been raised by the district, by levy or 
otherwise, which will equal one-half the amount to be received 
from this fund : Provided, further, That no school whose propor- 
tion of the regular school fund is sufficient to keep such school ia 
operation for one hundred or more school days during the schol- 
astic year, shall receive any aid under the provisions of this Act : 
Provided, further, That the maximum amount distributed to any 
one school under the provisions of this Act, shall be one hundred 
dollars per annum. 

2. The State Board of Education is hereby authorized and em- 
powered to make rules and regulations for the guidance of the 
S^tate Superintendent in the disbursement of this fund. 

Note. — For regulations as to State aid to high schools, see the 
Act of 1907, 25 Stats., 518, amended in 1908, 25 Stats., 11 19, and 
in 1909, 26 Stats., 85, published in a separate pamphlet by the 
State Superintendent of Education, with the high school regula- 
tions and courses of study. 

Sec. 1237. The State Superintendent of Education may adver- 
tise for bids for all printing required under this chapter, and 



General School Law of South Carolina. 43 

shall let the same to the lowest bidder therefor, who shall be 
required to file with his bid a bond in double the amount of his 
bid for the faithful performance of the contract. 

Sec. 1238. Nothing contained in this Act shall be construed to 
repeal the Acts of the General Assembly creating special and 
graded school districts, and the provisions of said Act shall apply 
to said school districts : Provided, That the Trustees of said 
school districts and Commissioners of the city schools of 
Charleston shall make annual reports to the State Superintend- 
ent of Education in such form and at such time as he may pre- 
scribe : Provided, further. Whenever under the provisions of law 
any school district or municipal corporation is authorized to levy 
a special tax for the support of public schools therein, any per- 
son not a resident of said school district or municipal corporation 
shall be entitled to a credit upon fees for the tuition of his or her 
children by the amount of such special tax paid by such per- 
son. 

Note. — Rights of special school districts not affected by the 
general school law until so specified. Holler v. Rock Hill School 
District et al., 60 S. C, 41, 38 S. E., 220; Martin v. School Dis- 
trict of Laurens, 57 S. C, 125, 35 S. E., 517. 

Sec. 1239. (Am., 1908, 25 Stats., 1123.) The County Boards 
of Education of the several counties of this State are hereby 
authorized and required to set aside from the public school funds 
of their respective counties an amount not exceeding five hun- 
dred dollars, for .the purpose of providing the pupils attending 
the free public schools of their counties with school text-books at 
actual cost or exchange prices, the amount so set aside from the 
school funds shall be paid to the County Superintendent of Edu- 
cation by the County Treasurer out of the unappropriated gen- 
eral school funds in his hands, on the warrant of said County 
Board of Education, and shall be and remain permanent funds 
in the hands of the County Superintendent of Education to be 
used in purchasing and keeping on hand school text-books for 
sale to pupils attending the free public schools in his county, 
for cash, at actual cost or exchange prices, and to be used for no 
other purpose and in no-other manner; and the places where said 
school text-books are kept and sold shall be deemed depositories, 
under the control of the State, as provided in the seventh article 



44 General School Law of South Carolina. 

or provision in the contract made in 1893 with the publishers of 
school text-books. That the County Superintendent of Educa- 
tion in -every county in the State be, and is hereby, required to 
keep his office open each day of the week prior to the time ap- 
pointed for schools to open in his county, and for one week im- 
mediately thereafter, and for at least one day in each week during 
the remainder of the school term, for the convenience of those 
wishing to purchase books : Provided, That in the counties of 
Charleston, Edgefield, Chesterfield, Georgetown, Kershaw, Lan- 
caster, Laurens, Greenwood, Lexington and Richland, the 
County Boards of Education are hereby authorized and empow- 
ered, but not required, to carry out the provisions of this section : 
Provided, however. That nothing herein contained shall prevent 
the keeping of said depository in some other place than the 
office of the Superintendent of Education, if in his judgment it 
is best to do so. 

Sec. 1239a. (G. S., Vol. 24, Sec. 441.) That immediately after 
the approval of this Act by the Governor, the County Superin- 
tendents of Education in the several counties of this State are 
hereby authorized and required to select and secure a reliable 
merchant, postmaster or other reliable person in each township 
in each county, with whom there shall be deposited a sufficient 
number of school books for sale for schools in that township, at 
not exceeding ten per cent, above first cost; and that accurate 
accounts thereof shall be kept by the said County Superintendent 
with each depository. 

Note. — This Act is cumulative, and does not repeal Sec. 1239 
requiring depository in office of County Superintendent of Edu- 
cation. Atty. Genl's Op., 1905, p. 54. 

Sec. 1239b. XXIII, 1020. Whenever it shall be made to 
appear to the satisfaction of the Trustees of any school district 
that any patron of such school is unable by reason of poverty to 
purchase the necessary books for the use of his or her child or 
children, then in such case the Trustees of such school district 
may, in their discretion, purchase such necessary books for such 
pupils, and furnish the same to pupils under such regulations as 
the Trustees may prescribe : Provided, The sum so expended for 
the purchase of said books shall not exceed the sum of five per 
cent, of the school fund of said district in any one year: Pro- 



General School Law of South Carolina. 45 

vided, further, That the books so purchased shall be the property 
of such public school district, and must be returned to the Board 
of Trustees at the end of each term. 

Sec. 1240. That in all schools and colleges within this State 
which are supported in whole or in part from the free school 
funds, it shall be unlawful to use any text-book which has been 
condemned or disapproved by the State Board of Education. 

Sec. 1241. All persons holding school claims against any 
county of this State which are unpaid are hereby permitted and 
allowed to prove and establish the same before the County Su- 
perintendent of Education, the County Treasurer and County 
Auditor of said county. 

If said claims are declared valid and binding obligations by 
said County Superintendent of Education, Auditor and Treas- 
urer against the school district for which they were issued, the 
County Treasurer of said county is hereby authorized and 
directed to pay any of said claims declared valid out of the first 
money coming in his hands as Treasurer belonging to the school 
district against which said claim or claims are established. 

Sec. 1241 (a) (Act of 1909, 26 Stats., 132). Any and all school 
warrants issued by any Board of Trustees against any public 
school fund shall not be paid by the County Treasurer or other 
officer having the custody of such fund until the warrant has 
been approved by the County Superintendent of Education of 
the county in which said warrant is drawn. 

See Acts 1901, XXIII, 826, as to payment of claims in Claren- 
don, Laurens, Marion, Newberry and Sumter counties. 

Sec. 1241a. (23 Stats., 1019.) The County Treasurers and the 
County Supervisors of the several counties in this State be, and 
they are hereby, authorized and required, upon the application 
of the County Boards of Education of the respective counties, to 
borrow, from time to time during any fiscal year, such sums of 
money as may be necessary to pay the school claims of such 
counties, not to exceed seventy-five per cent, of the amount re- 
ported by the County Auditors for schools for said fiscal year, at 
a rate of interest not exceeding the rate of seven per centum per 
annum, and to pledge the taxes to be collected for that purpose 
for the payment of the money so borrowed and the interest 



46 General School Law of South Carolina. 

thereon : Provided, That all money borrowed shall be held and 
paid out by the County Treasurer as school funds and without 
extra commission. 

Sec. 1241C. (23 Stats., 1019). In any county in this State 
where the schools have not funds sufficient to pay all claims in 
cash, the County Board of Education may, at its discretion, 
direct the County Superintendent of Education to set aside from 
the school funds of the county, or any of the school districts, an 
amount annually of not exceeding ten per cent, of such funds, 
for so many years as may be necessary to create a sufficient fund 
to put the schools of such county or any of the school districts 
on a cash basis. 

Note. — Surplus funds in one district cannot be applied even 
temporarily to another. Atty. Genl's Op., 1905, p. 44. 

Sec. I24id. Whenever said reserve fund reaches such an 
amount sufficient to put said county or school district, as the 
case may be, on a cash basis, then said fund may be used for said 
purposes : Provided, That in each year during the time necessary 
to create such reserve fund, the County Superintendent of Edu- 
cation shall use the fund accumulated as a loan, without interest, 
to pay claims held by teachers to whom the pay certificates were 
originally issued, the funds so used to be replaced annually from 
taxes collected for school purposes. 

Sec. 1242. The free public schools of this State shall observe 
the third Friday in November of each year as Arbor Day, and on 
that day the school officers and teachers shall conduct such exer- 
cises and engage in the planting of such shrubs, plants and trees 
as will impress on the minds of the pupils the proper value and 
appreciation to be placed on flowers, ornamental shrubbery and 
shade trees. 

Sec. 1242a. (G. S., Vol. 25, 22.) That the public schools of 
this State shall observe Calhoun's birthday, the i8th of March of 
each year, as "South Carolina Day," and on that day the school 
officers and teachers shall conduct such exercises as will conduce 
to a more general knowledge and appreciation of the history, 
resources and possibilities of this State : Provided, That if the 
said day shall fall on Saturday or Sunday that the Friday nearest 
to March i8th shall be selected : Provided, further. That if any 



GsNERAiv School Law of South Carolina. 47 

school shall not be in session on the said date, that the celebra- 
tion may be held before the close of the term. 

That the State Superintendent of Education shall suggest such 
topics or programmes as he may deem appropriate for the cele- 
bration of South Carolina Da3^ 

Sec. 1242b. (G. S., Vol. 24, p. 878.) Whenever the patrons 
and friends of a free public school shall raise by private subscrip- 
tion and tender to the County Treasurer, with the approval and 
endorsement of the School Trustees of such school district, for 
the establishment of a library to be connected with the said 
school, the sum of ten dollars, the County Board of Education 
shall appropriate from the money belonging to the school dis- 
trict asking for the library, the sum of ten dollars for this pur- 
pose (together with ten dollars from the general county school 
fund for a suitable bookcase, which shall be approved by the 
County Board of Education.) 

As soon as the County Board of Education of any county 
shall have made an appropriation for a library in the manner 
prescribed, the County Superintendent shall inform the Secre- 
tary of the State Board of Education of the fact, whereupon the 
said State Board of Education shall remit the County Superin- 
tendent the sum of ten dollars for the purchase of books for said 
library. Upon the receipt of this money, the County Superin- 
tendent shall deposit the same with the County Treasurer, and 
shall issue to the person or persons appointed to select the books, 
a warrant on the County Treasurer for the amount secured by 
private subscription, by appropriation from the County Board of 
Education, and by the State Board of Education. 

The local Board of Trustees is hereby appointed to select the 
books, and shall select such books as they may deem best suited 
for such purpose, and file with the County Superintendent of 
Education vouchers for the whole amount received : Provided, 
That no voucher^shall be valid except for books, bookcases, and 
transportation charges : Provided, further. That such purchases 
shall be from a list furnished by the State Board of Education, 
which the said State Board shall adopt books for libraries, under 
the law and rules governing the adoption of text-books, and shall 
make rules for the governing of said libraries. 



48 Ge;ne;ral School Law of South Carolina. 

The Trustees of every library shall carry out such rules and 
regulations for the proper use and preservation of the books as 
may be enjoined by the State Board of Education, and shall 
make provisions for having all books, when not in circulation, 
kept under lock and key. 

The Trustees of two or more libraries may, by agreement, ex- 
change libraries : Provided, That no exchange shall be made 
oftener than once in six months, and no part of the expense of 
exchanging libraries shall be borne by the public. 

That the sum of $5,000 be annually appropriated to be ex- 
pended by the State Board of Education, under the provisions of 
this Act. 

Not more than 25 schools in any county shall be entitled to the 
benefits of this Act. The schools receiving this benefit 
shall be decided by the County Board of Education : Provided : 
That the State Board of Education, after having set aside 
enough of this appropriation to meet the needs and demands 
of the schools, may use the balance to pay transportation, 
drayage and other necessary expenses in the circulation of any 
traveling libraries which may be donated or loaned to the State ; 
also for any traveling cabinets of museum specimens which may 
be furnished under similar terms : Provided, further. That any 
additional balance may be used for prizes for rural school im- 
provement under such terms and rules as the State Board of 
Education may arrange with the State School Improvement 
Association. (1908,25 Stats., 1024.) 

Whenever the patrons or friends of any free public school in 
which a library has been established under the provisions of the 
laws of this State, shall raise by private subscription and tender 
the Treasurer of the County School Fund, the sum of five dollars 
for the enlargement of the library, the County Board of Educa- 
tion shall appropriate from the money belonging to that school 
district, the sum of five dollars, and the State Board of Education 
shall remit to the County Superintendent of Education, the sum 
of five dollars. The money thus collected and appropriated shall 
be used for the enlargement of libraries already established 
under the same rules and restrictions as govern the establish- 
ment of new libraries : Provided, No appropriation shall be made 
for the purpose of enlarging any established library where the 



General School Law of South Carolina. 49 

same will prevent or interfere with the establishing of a new 
library. (XXIV: 878: 1024.) 

Sec. 1242c. (G. S., Vol. 24.) That the County Boards of Edu- 
cation of the various counties of this State be, and the same are 
hereby, authorized to annually set aside, from the surplus re- 
maining from the net income derived by the State from the dis- 
pensary profits, an amount equal to five per cent, of the entire 
public school funds of their respective counties, which said 
amounts shall be used by the said County Boards of Education 
for the purpose of encouraging and aiding in the construction of 
adequate public school buildings in their respective counties. 

That when the friends, patrons or Trustees of any public 
school in any school district of any county in this State shall 
raise by private subscription, special tax, regular tax, sale of old 
buildings, issuing bonds, or otherwise, funds for building a 
school house in such district, the County Board of Education of 
such county shall turn over to the Trustees of such school, from 
funds set aside for such purpose under this Act, fifty dollars 
($50) for each one hundred dollars ($100) so raised by such 
friends, patrons or Trustees for constructing such school build- 
ing: Provided, No one school shall receive more than three 
hundred dollars under the provisions of this Act : Provided, fur- 
ther, That no more than one school in any one district, in any 
one year, shall receive such aid. 

That County Boards of Education shall give the preference to 
school districts which have combined and consolidated two or 
more school buildings. 

That any school district availing itself of the provisions of this 
Act shall comply with plans and specifications approved by the 
State Board of Education. 

That no school shall receive aid under the provisions of this 
Act without the approval of the County Board of Education. 

That the funds provided for in this Act be paid oiit by the 
County Treasurer only upon the warrant of the County Board 
of Education, countersigned by the County Superintendent of 
Education, and any funds not used by the end of the year, shall 
revert back to the general school fund of the respective counties. 
(24 Stats., Act No. 452.) 



50 Generai. School Law of South Carolina. 

Sec. 1243. The Trustees, officers or persons in charge of all 
literary, scientific or professional institutions of learning incor- 
porated, supported or aided by the State, of all schools or private 
educational institutions, shall, on or before the fifteenth day of 
July in each year, make a report in writing to the State Super- 
intendent of Education, of such statistics as the Superintendent 
shall prescribe relating to the number of pupils and instructors, 
courses of study, cost of tuition and the general condition of the 
institution or school under their charge. 

The Superintendent shall prepare blank forms of inquiry for 
such statistics, and shall send the same to every such institu- 
tion or school on or before the loth day of May in each year; and 
so much of said information as he may deem proper be incor- 
porated in his annual report. 

See Section 1218, ante, as to restrictions on power of School 
Trustees in the employment of teachers. 

Sec. 1243a. (G. S., Vol. 25.) There shall be imposed and 
assessed on all dogs in this State a capitation tax of fifty cents 
annually on each dog, the proceeds of which shall be expended 
for school purposes, in the several districts in which it is col- 
lected. 

That dogs shall be returned in the same manner and at the 
same time that other property is returned for taxation. 

That the capitation tax on dogs provided for in this Act shall 
be collected at the same time and in the same manner that other 
taxes are now collected. 

That the capitation tax provided for in this Act, shall be, and 
constitute, a first lien in favor of the State of South Carolina on 
all property owned by any person who owes any such capitation 
tax. That the collection of the capitation tax provided for in 
this Act may be enforced against any property owned by the 
debtor of such tax in the same way and manner as if it were a 
tax assessed on that specific piece of property. 

That no dog which is not returned for taxation, as required in 
this Act, shall be held to be property in any of the Courts of this 
State. 

That it shall be the duty of the County Auditor and Township 
Assessors and the School Trustees to enforce the provisions of 



General School Law of South Carolina. 51 

this Act, so far as it relates to listing dogs for taxation. (25 
Stats., p. 13.) 

Sec. mo. Any Board of Education, School Trustees, or any- 
other body having control of any of the schools, may, on account 
of the prevalence of any contagious or infectious diseases, or to 
prevent the spread of any such disease, prohibit the attendance 
of any teacher or scholar upon any school under their control, 
and may specify the time such teacher or scholar shall remain 
absent, or they shall require a satisfactory certificate from one 
or more reputable practicing physicians that such attendance is 
no longer attended with risk to others attending school, and 
may also prohibit the entrance into or attendance at any school 
of all unvaccinated persons who have not had the smallpox. The 
said Board of Control or Trustees may also require vaccination 
of any or all teachers, scholars and attendants if a case of small- 
pox have occurred in the city or town. 

Note. — The School Trustees may, on account of the preva- 
lence of any contagious or infectious diseases, or to prevent the 
spread of any such disease, prohibit the attendance of any 
teacher or scholar upon any school under their control, and may 
specify the time such teacher or scholar shall remain absent, or 
they may require a satisfactory certificate from one or more 
reputable physicians that such attendance is no longer attended 
with risk to others attending school, and may also prohibit the 
entrance into or attendance at any school of all unvaccinated 
persons who have not had the smallpox. The Trustees may also 
require vaccination of any or all teachers, scholars and attend- 
ants if a case of smallpox has occurred in the town. In case the 
disease becomes so widespread that it is deemed necessary to 
close up the school entirely, the local Board of Health of the 
town or community have authority to do so under Sec. 1104 of 
the said Code. Atty. Genl's Op., 1905, p. 57. 

Sec. T104. It shall be the duty of the Board of Health as a 
body, or by committee, with the Health Officer, to make quar- 
terly visits and inspections of all schools, seminaries or colleges 
(while in session) which are supported in part or entirely by 
public taxation, and examine and report on the sanitary condi- 
tion of the same, the abatement and removal of garbage, refuse 
niatter and nuisances which may prove prejudicial to the health 



52 General School Law of South Carolina. 

of the pupils. They shall inquire into the purity of the water 
supply, the condition and efficient working of the drains, waste 
pipes, soil pipes and cesspools, the ventilation, lighting of the 
dormitories, lecture and study rooms of the buildings and the 
appliances in use for fire escapes. In case, of the epidemic prev- 
alence of contagions or infections, and in order to prevent the 
spread of the same, the Board of Health, by and with the con- 
sent of the City or Town Council, may order the schools, semi- 
naries or colleges, in such town or city, partially or entirely sup- 
ported by public taxation, closed until such time as they may 
deem it safe to reopen them. The Board of Health shall have 
the right to declare any epidemic or cause of ill health so inju- 
rious as to make it necessary to close any or all of the private 
schools in the limits of such city or town. Whatever sanitary 
conditions or evils shall be found by the Board of Health to 
exist in or around the public colleges, schools, etc., shall be re- 
ported by the Secretary of the Board of Health to the Trustees of 
the same, who shall take immediate steps to remedy the sanitary 
defects according to the rules and regulations prescribed by the 
Board of Health. 

Act of 1905, 24 Stats., 871, Sec. 4: No Superintendent of any 
institution of learning, and no School Board or principal of any 
school in this State shall admit as a pupil any child or person 
who cannot produce satisfactory evidence of having been vacci- 
nated so often as may be directed by the ordinance of the city or 
town in which the school is located, or if not located within the 
city or town, so often as the rules and regulations of the State 
Board of Health may direct. 

Note. — (Penalty for violation of this law provided in Sec. 6, 
24 Stats., 871, is a line of $100 or thirty days' imprisonment.) 



special Provisions as to Schools in Criminal Code 



Sec. 418. It shall be unlawful for any County Treasurer, 
County Auditor, member of County Board of Education, or 
School Trustee, to buy, discount or share, directly or indirectly, 
or be in any way interested, in any teachers' pay certificate, or 
other order on school fund, except such as are payable to him 
for his own services, or for any School Trustee to make any con- 
tract, or be pecuniarily interested, directly or indirectly, in any 
contract with any school district of which he is Trustee. If any 
of the officers aforesaid shall violate the provisions of this sec- 
tion, he shall be deemed guiltly of a misdemeanor, and on con- 
viction thereof shall pay a fine of not less than one hundred dol- 
lars nor more than five hundred dollars, to be used for school 
purposes in his county, and shall be imprisoned not less than 
three months nor more than twelve months, or either or both, 
and shall forfeit the amount of such claim or of his interest in 
such claim. 

Sec. 419. That it shall be unlawful for any teacher of a school 
supported in whole or in part from the public school funds of 
this State, or any Trustee of any such school, or any other school 
officer, to become an active or silent agent of any school book 
publisher, or be in any wise pecuniarily interested in the intro- 
duction of any school book or books into any school in this 
State. Any person violating any of the provisions hereof shall, 
upon conviction thereof, be deemed guilty of a misdemeanor, and 
be subject to a fine of not less than one hundred dollars or im- 
prisonment in the county jail for a period of not less than thirty 
days, or both, at the discretion of the Circuit Judge. 

Sec. 420. Within ten days after the County Treasurer makes 
his monthly report to the County Superintendent of Education, 
showing the amount of money collected by him since his last 
monthly report, it shall be the duty of the County Superintend- 
ent of Education to apportion the money arising from a tax on 
property as shown by the Treasurer's report among the school 
districts of his county and to certify such apportionment to the 
County Treasurer, together with the poll tax belonging to each 



54 General School Law oe South Carolina. 

district as shown by said report; and it shall be the duty of the 
County Treasurer to enter upon his book to the credit of each 
school district the amount due each district according to such 
certificate of apportionment, and the County Treasurer shall pay 
out the money belonging to the respective districts, upon the 
school warrants of such districts, duly signed and countersigned 
by the school authorities, for that scholastic year in the order of 
their presentation, provided that there be no outstanding claims 
of the previous scholastic year; and the Comptroller General 
shall receive the warrants thus paid as proper vouchers in the 
hands of the County Treasurer. 

The failure or refusal of a County Superintendent of Educa- 
tion or a County Treasurer to comply with the foregoing pro- 
visions, or any of them, shall constitute a misdemeanor, and 
upon conviction thereof he shall be subject to a fine of not more 
than one hundred dollars, or imprisonment in the county jail for 
not more than thirty days. 

Sec. 421. Any County Treasurer who shall demand or receive 
any commissions for paying out the school funds paid out by 
him from the person charged with receiving them, or shall 
charge any person commission on the same, shall be deemed 
guilty of a misdemeanor, and on conviction shall be fined not 
less than fifty dollars for each such offense or be imprisoned for 
a period not less than three months. 

Sec. 423. The several County Treasurers shall retain all the 
poll tax collected in their respective counties ; and it is hereby 
made the duty of the said County Treasurer, in collecting the 
poll tax, to keep an acount of the exact amount of said tax col- 
lected in each school district in his county; and the city of 
Charleston, for the purpose of this section, shall be deemed a 
school district, and the County Treasurer shall pay over to the 
City Board of School Commissioners the amount of poll tax col- 
lected in said city; and the poll tax collected therein shall be 
expended for school purposes in the school district from which 
it was collected ; and any violation of this section by the County 
Treasurer shall constitute, and is hereby declared, a misde- 
meanor, and on conviction thereof the said County Treasurer 
shall pay a fine of not less than, five hundred dollars nor more 
than five thousand dollars, to be used for school purposes in the 



General School Law of South Carolina. 55 

county suffering from such violation, or imprisonment, in the 
discretion of the Court. 

Sec. 424. He shall, on the fifteenth day of each month, report 
to the School Commissioner of his county the amount of collec- 
tions and disbursements made by him for the month on account 
of poll tax and all other school funds ; and it shall be a misde- 
meanor on the part of any County Treasurer to neglect, fail or 
refuse to make such report, and on conviction thereof he shall 
pay a fine of not less than five hundred dollars, the same to be 
used for school purposes in the county. 

Sec. 425. He shall make out and forward annually to the 
Superintendent of Education, on the first day of November, a 
certified statement showing, by school districts, the amount of 
poll and other school taxes collected by him for the fiscal year 
ending on the 31st day of October next preceding; and on failing, 
neglecting or refusing to make and forward such statement the 
State Superintendent of Education shall make a written com- 
plaint to the Circuit Solicitor for the county in which the said 
County Treasurer resides, who shall prosecute the said County 
Treasurer for the same ; and on conviction thereof he shall be 
subject to a fine of five hundred dollars, the same to be used for 
free public school purposes in his county. 

Sec. 426. It shall be the duty of each Auditor to state, in a 
separate column, the school district in which the taxpayer re- 
sides. At the expiration of the time prescribed by law to receive 
returns he shall make out and forward to the Board of Trustees 
of each school district within his county a correct list of the polls 
returned from their respective districts. When the School Trus- 
tees have reported to him the names of all persons who have 
failed or neglected to make returns, it shall be his duty to enter 
upon his books the names of all persons thus reported to him, 
and he shall enter the names of said persons upon the tax dupli- 
cate furnished the County Treasurer. And any Auditor failing 
to comply with either or all of the provisions of this section shall 
be deemed guilty of a misdemeanor, and upon conviction before 
a Court of competent jurisdiction shall be fined in a sum of not 
more than one hundred dollars or be imprisoned for a term not 
exceeding thirty days. 



56 General School Law of South Carolina. 

Sec. 428. If a member of any County Board of Examiners in 
any county of this State, or a Trustee of any school district, 
shall attempt to act or discharge the duties of either of said 
offices after he has been removed, or after his successor shall 
have qualified, he shall be deemed guilty of a misdemeanor, and 
after conviction be punished by a fine of not less than one hun- 
dred and one dollars or imprisonment for not less than thirty 
days, or both, at the discretion of the Court. 

Sec. 429. The failure of any County School Commissioner or 
any County Treasurer of this State to keep a book of entry, in 
which shall be kept an account known as "general cash 
account," as required by law, shall be deemed a misdemeanor, 
and on conviction thereof he shall be subject to a fine of not 
less than two hundred dollars or imprisonment in the county 
jail for a period not less than six months. 



Regulations of State Board of Education 



Rule I. The Governor shall be Chairman, and the State Su- 
perintendent of Education Secretary of the Board. 

Rule 2. The Board shall meet at the call of the Chairman, or 
at the request of a majority of its members. 

Rule 3. The Secretary shall keep a record of the actions of the 
Board in a book provided for that purpose, which record shall 
be the only official record of its proceedings. 

Rule 4. The order of business shall be as follows : Calling to 
order, reading of minutes of the previous meeting, unfinished 
business, reports of Committees, report of the Chairman, report 
of the Secretary, and new business. 

Rule 5. All resolutions shall be reduced to writing by the 
mover, and likewise all amendments. 

Rule 6. A mption must receive a second before it can be enti- 
tled to consideration by the Board. 

Rule 7. The Chairman and Secretary are authorized to fill all 
vacancies that may occur in the County Boards of Education, 
and to report their action to the Board at its meeting for its 
consideration. 

Rule 8. All vacancies in the office of County Superintendent 
of Education shall be filled by ballot, and a two-thirds vote of 
the members present shall be necessary to fill the vacancy. 

Rule 9. The following is the general plan for the Teachers' 
Reading Circle as outlined by the State Board of Education : 
One book on professional reading, one book on general profes- 
sional reading, one book on miscellaneous reading, literature and 
current events. The course shall continue for three years and 
certificates may be renewed from year to year after examination. 
Teachers who have first grade certificates and who pursue this 
course successfully will be granted a ten-year certificate. The 
Reading Circle examination shall be sent out the first Tuesday 
in December of each year, and all examination papers must be 
filed with the State Superintendent of Education on or before 
September ist following. 



58 General School Law of South Carolina. 

Rule 10. The Governor and the State Superintendent of Edu- 
cation are empowered to grant State certificates upon the pre- 
sentation of diplomas from reputable colleges and universities in 
other States of as high rank as leading colleges of this State. 
Stuch certificates to be subject to confirmation by the State 
Board at its next meeting. 

Rule II. All scholarship examinations shall be held by the 
County Boards of Education, and the faculties of the Institutions 
in which the applicants seek scholarships, shall grade the exami- 
nation papers of such applicants, except in cases where the law 
otherwise specifies. 

Rule 12. After February, beginning in May, 1903, there shall 
be two county examinations for teachers' certificates each year, 
to be held in the spring and in the fall, and hereafter no teacher 
shall be employed in the public schools of this State who has 
not registered a certificate in the office of the County Superin- 
tendent of Education and submitted proof thereof to the Board 
of Trustees employing him. 

Rule 13. Every applicant for a county certificate shall stand a 
satisfactory written examination before the County Board of 
Education, on uniform questions prepared and furnished by the 
State Board, the examination to be held in all the counties on the 
same day, or he or she shall present to the County Board a full 
diploma from some reputable chartered college or university of 
this State, whose curriculum, standing, faculty and equipment 
have been examined and approved by the State Board of Educa- 
tion. *No certificate shall be issued on a diploma showing that 
the holder has only completed the course of some particular de- 
partment of a school ; the diploma must show that the full col- 
lege course has been completed. 
List of Accredited Colleges : 

University of South Carolina,^ 

Wofiford College, 

Furman University, 

Clemson College, 

South Carolina Military Academy, 

Erskine College, 

Newberry College, 

Greenville Female College, 



Generai, School Law of South Carolina. 59 

Charleston College, 

Chicora College, 

Limestone Female College, 

Converse College, 

Columbia College, 

College for Women, 

Winthrop College, 

Lander Female College, 

Presbyterian College of South Carolina, 

Due West Female College, 

Memminger Normal School, 

Clifford Seminary. 

(Colored) 
Claflin University, 
State Colored College, 
Benedict College, 
Avery Normal Institute, 
Allen University, 
Harbison College, 
Schofield Seminary, 
Sterling Ind. Institute, 
Friendship Normal and Industrial College. 

Rule 14. Uniform examination questions shall be prepared 
and furnished by the State Board of Education for county exami- 
nations. 

Rule 15. There shall be three grades of Teachers' County Cer- 
tificates — first grade, second grade and third grade — this not to 
affect any certificate now outstanding. 

Rule 16. To obtain a First Grade Teachers' County Certificate, 
the applicant, shall stand a written examination on questions 
prepared and furnished the County Board of Education by the 
State Board, and shall make a general average of not less than 
80 per cent, and not less than 50 per cent, on any one branch. 

To obtain a Second Grade Teachers' County Certificate, the 
applicant shall stand a written examination on questions pre- 
pared and furnished the County Board of Education by the State 
Board, and shall make a general average of not less than 70 per 
cent, and not less than 45 per cent, on any one branch. 



60 General School Law of South Carolina. 

To obtain a Third Grade Teachers' County Certificate, the 
applicant shall stand a written examination on questions pre- 
pared and furnished the County Board of Education by the 
State Board, and shall make a general average of not less than 
60 per cent, and not less than 40 per cent, on any one branch. 

The County Board may, in each instance, impose oral tests in 
reading and language. In estimating for a second or third grade 
certificate algebra need not be included ; if it would be to the ap- 
plicant's advantage it may be included. 

Rule 17. No person shall be permitted to take an examination 
who is not at least eighteen years of age, and before taking an 
examination each applicant shall satisfactorily pass such oral 
tests in reading and language as the Board may impose. 

Rule 18. A First Grade Certificate may be renewed by the 
County Board from which it was issued. If, however, a Teach- 
ers' Institute or Summer School is held in the county, a First 
Grade Certificate shall not be renewed unless the holder attends 
the Institute or Summer School, or shows to the State Board of 
Education some satisfactory reason for not doing so : Provided, 
The holder has taught during the two years for which the certifi- 
cate w^as issued. 

A Second Grade Certificate shall not be renewed except where 
the holder attends a Teachers' Institute or Summer School, and 
in such case may be renewed. 

A Third Grade Certificate shall not be renewed. 

Rule 19. The County Board shall issue to each applicant mak- 
ing the required per cent, a certificate, signed by each member 
of the Board, and under the seal of the office of the County 
Superintendent of Education of the county, and showing on its 
face the per cent, made on each branch and the general average. 
The certificate shall run for two years from its date, and the 
holder shall be deemed competent to teach in the public schools 
of the county. 

Rule 20. No certificate of qualification shall be granted by 
any County Board under any circumstances 'to any persoa who is 
under eighteen years of age. 

Rule 21. The County Board of one county may recognize a 
certificate issued by the County Board of another county, but 



General School Law of South Carolina. 61 

in such case they shall register the name of the holder, county 
from which issued, date and number of the certificate, and when 
so registered, it shall have the same force as if issued in that 
county. 

Rule 22. Each County Board shall keep a register, in which 
shall be recorded the name, age, sex, color and postoffice of each 
person to whom a certificate is granted, and also the date and 
grade of the certificate. 

Rule 2^. Every claim or warrant issued by a Board of Trus- 
tees shall be signed by at least two members of the Board, and 
should not be approved by the County Superintendent of Educa- 
tion until the Clerk of the Board of Trustees has entered it in 'a 
book kept for that purpose. 

No pay warrant shall be issued by any Board of Trustees or 
approved by any County Superintendent of Education in favor of 
any teacher who, after July i, 1901, uses in the public schools of 
this State any text-book to the exclusion of the text-book or 
text-books herein adopted on the same subject, and who has not 
registered in the office of the County Superintendent of Educa- 
tion a certificate to teach. 

Rule 24. No teacher shall be employed by the Board of Trus- 
tees who is related by consanguinity or affinity within the second 
degree to a member of the Board of Trustees or to a principal of 
a school, without the written approval of the County Board of 
Education, nor shall they employ a teacher holding a certificate 
issued by a County Board of another county until the certificate 
has been duly registered in the office of the County Superintend- 
ent of Education of their own county. 

Rule 25. No public school supplies shall be purchased by 
school officers for use in the public schools of any county in the 
State except such as are authorized by the State Board to be 
sold. The venders of all such supplies authorized to be sold by 
this Board shall enter into a written contract with this Board, 
in which the prices of the supplies shall be stated, and copies of 
the supplies shall be placed in the office of the State Superin- 
tendent of Education and the supplies sold to the schools shall at 
all times conform to the samples, and the prices shall not exceed 
the prices agreed on. The County Boards may allow or disallow 



62 General School Law oe South Carolina. 

such supplies, or any of them, to be sold in their counties. In 
case they permit the same to be sold, they shall give the vendor 
written permission to offer the same to the Trustees of their 
counties, the prices of the supplies to be named in the written 
permission, leaving the purchase, or not, of such supplies to the 
good judgment of the Boards of Trustees. In case the trustees 
purchase any of such supplies, they may give a warrant against 
the school fund of their district in payment therefor, but in no 
case shall the County Superintendent of Education countersign 
or endorse any such warrant until the supplies have been deliv- 
ered ; the County Superintendent shall hold all such warrants in 
his possession until the delivery of the supplies is made. All 
persons purchasing any such warrants before the same have been 
countersigned by the County Superintendent of Education, do 
so at their own risk. 

Rule 26. All applications on behalf of universities and colleges 
for approval of course of study by the State Board of Educa- 
tion in order to issue a diploma for the degree of Licentiate of 
Instruction shall be in writing and show the course of studies 
pursued in each year, the number of years required to complete 
the course, the text-books to be used and the number of exami- 
nations held each year. (Adopted May 5, 1899.) 

The colleges whose courses of study for the Licentiate De- 
gree have been approved by the StateBoard are: May 5, 1899, 
South Carolina College, Due West Female College, Claflin Uni- 
versity, Benedict College; May 4, 1900, the State Colored Col- 
lege, Greenville Female College ; April 23, 1909, Chicora Col- 
lege. 

Rule 2"]. In all cases of appeals from decisions of County 
Boards notices of appeal must be served on the Secretary of the 
County Board of Education, on the Secretary of the State Board 
of Education, and also on the respondents within thirty days 
from the decision of the County Board, and all testimony, rec- 
ords and papers must be on file in the office of the State Super- 
intendent of Education at least ten days before the meeting at 
which the appeal is to be heard. In all appeal cases, the Secre- 
tary of the State Board of Education shall assign an equal length 
of time for reviewing testimony and argument by appellants and 



General School Law of South Carolina. 63 

respondents, and notice of such time assigned shall be accord- 
ingly given by the Secretary of the State Board. 

Rule 28. County Boards of Education shall require all public 
school buildings to be constructed only upon land owned by the 
school district. No school building shall be aided by funds 
under the School Improvement Act unless constructed according 
to plans approved by the State Board of Education, and unless 
the building is found to be of first class material and workman- 
ship, upon inspection by the County Superintendent of Educa- 
tion. 

(Note. — Atty. Genl's Op., 1905, p. 47; 1906, p. 97.) 

Rule 29. State Certificates may be issued to teachers who suc- 
cessfully complete nine courses at the State Summer School, 
and County Certificates may be issued to those who success- 
fully complete nine courses at the COunty or District Summer 
Schools. 



Rules and Regulations for Libraries 

Adopted by the State Board of Education, March 12, 1904. 

• I. It shall be the duty of the Board of Trustees to provide a 
substantial bookcase before books are secured, and to require the 
same to be locked, except when in actual use. 

2. The County Superintendent and teachers shall give aid and 
advice to the Trustees in selecting and ordering the library from 
the list adopted by the State Board of Education. 

3. The teacher shall be librarian during the school term, and 
the Clerk of the Board of Trustees, or some responsible person 
designated by the Board, shall be librarian during the vacation, 
and the library may be moved from the school house during 
vacation, by order of the Board of Trustees. 

4. The librarian shall properly label each volume, giving the 
number of the book, the name of the school, the name or number 
of the district, and the name of the county, and shall also cata- 
logue the books, showing number, title, and cost of each book. 

5. The librarian shall keep a record of the name of each bor- 
rower, and shall also record the number and title of each book 
loaned, together with dates on which it was loaned and returned. 



64 General School Law oe South Carolina. 

6. Every child attending school shall be entitled to the privi- 
leges of the library, but no person shall be allowed to take two 
books at one time when other children are unsupplied. 

7. Persons living in the community, having no connection with 
the school, may take advantage of the library by paying a fee of 
fifty cents annually, in advance. 

8. No person shall have the right to loan books outside of his 
own household, under penalty of ten cents for each oflfense. 

9. No person shall keep a book longer than two weeks, under 
penalty of one cent a day for each day he may so retain it. 

10. The librarian shall designate such books as may be of con- 
stant use in their school, as supplementary or reference books, 
and these shall not be removed from the school during the ses- 
sion. 

11. On the return of a book to the library, the librarian shall 
ascertain what damage, if any, has been sustained by it, and 
shall charge and collect the amount of the fine accordingly. If a 
book is lost, it shall be paid for in full ; and any one refusing to 
pay a fine thereby forfeits further use of the library. 

12. All fines, fees and other such moneys shall be turned over 
to the Trustees, and shall be devoted to the maintenance and im- 
provement of the library. 

13. It shall be the duty of the librarian to collect all of the 
books at the close of the session, and to make a report to the 
Trustees and to the County Superintendent of Education. 

14. The report of the County Superintendent shall contain the 
following : 

(a) The nvimber of volumes purchased during the year. 

(b) The number of volumes received by gift during the year. 

(c) The number of volumes loaned during the year (counting 
each volume once each time it is loaned). 

(d) The amount of fines, fees, etc., received during the year. 

(e) Total number of volumes in the library. 

(f) Total value of books and bookcases. 



Index 

PAGE. 

Age, school 2, 39 

Age of teachers 60 

Agents for text-books, teacliers and Trustees not to be 38, 54 

Agricultural Colleges 4 

Apparatus — - 

State Sui>erinten(lent to collect, 8; Wlien Trustees may purchase. . . .61, 62 

Appeals to State Board of Education 11, 62 

ApPORTlONlNrENT OF ScHOOL FuND — ■ 

Special tax, J6; Wlien and how made, J2; Constitutional provision, 6; 
From dispensarj' 41, 42 

Arbor Day 46 

Associations, teachers 15 

Attendance — • 

Annually reported, 8; Monthlj- reported 34 

Auditor — • 

Not to buy or be interested in school claims, 38; To require each tax- 
payer to make returns by Districts, 37; To report to County Super- 
intendent, 37; To be notified of amount of special tax levied and 
keep account 25 

Blank forms for report 8, 50 

^OARD OF Education, County — 

Appeals, 32, 13; Appointed, 19; Compensation, 20; Supervisory powers, 
22; Duties and powers, 19-23, 30; Not to be agents for school books, 
53; Not to buy or be interested in school claims, 53; Members exempt 
from, 39; Not to discharge duties after removal, 56; to examine 
applicants for teachers' certificates 23 

Board of Education, State — • 

Appeals, n, 13; Appointed, 1, 10; yVpprove course of study, L. I. 
Degree, 62; Compensation, 11; Constitution of, 10; Constitutional 
provision, 1; Duties and powers, 11-13; Members exempt from, 21; 
Meetings, records, etc., 11; Not to be agents for school books, 53; 
Not to buy or be interested in school claims, 35-53; Organization and 
procedure, 11; Regulations as to certificates, 12, 62, 58-60; Regula- 
tions as to County Boards, 58-60; P,egulations as to pay warrants, 
34, 61; Regulations as to scholarships, 29; Regulations as to school 
supplies, 61; Regulations as to vacancy County Board, 57; Regula- 
tions as to vacancy County Superintendent 14, 57 



66 General School Law of South Carolina. 

Bond — • page. 
County Superintendent of Education, 14; Publishers of school books, 
12, 47, 48; State Superintendent, 7; State Treasurer y 

Bonds, issued to raise funds 28, 29 

Branches of study 12, 20- 21 

Buildings— 

Funds for, 49; Location 35, 61 

Calhoun's birthday 46 

Certificates — ■ 

Diplomas entitle to, 19, 20, 58, 59; Duration of, 10, 60; Examination 
for, 23, 59-60; From other county, 60; Grades of, 59-60; On L. I. 
Degree, 62; Power to revoke, 19, 20, 23; Renewal, 20; State Board 
to regulate, 12, 63 ; Teachers must have, 36 ; Age of holder 60 

Church schools, public money not to be used for 5 

Claims^ 

Proof of, 45; Approval, 45, 61; Borrowing money to paj% 45; Dis- 
counting, 20; How signed, 18; Must be accompanied by report, 34; 
To be sworn to 34 

Clemson College, 3 ; Scholarships in 12, 13, 58 

Clerk of Court file Superintendent's report 16 

Closing of school 51, 52 

Colleges — ■ 

Diplomas from certain, 19, 20; L. I. Course approved, 63; Reports 
from, 50 ; Accredited 58, 59 

Commission on text-books 38, 53 

Compensation — ■ 

Clerk of State Superintendent of Education, 9; County Board of Edu- 
cation, 30; County Superintendent of Education, 17; State Board 
of Education, 11 ; State Superintendent of Education 7 

Comptroller-General — • 

Apportion funds, 41; Levy tax, 3; Settlement with County Treasurer. . 15 

Consanguinity or affinity < 39 

County Board of Commissioners furnish office 16 

CoTTNTY Board or Education — (See Board, County.) 

County Commissioners — 

To approve bond of County Superintendent, 14; To provide seal for 
County Superintendent, 17; To furnish County Superintendent with 
office, etc., 16; To pay County Superintendent's salary 17 

County Superintendent of Education — (See Superintendent, County.) 



General School La\y oe South Carolina. 67 

Course of Study — • page. 

Prescribed, 20-21; State Board of Education to prescribe and enforce. . 12 

Debt, Boards of Trustees not to contract in excess of funds 39 

Deficiencies in length of school term 40- 42 

Denominational schools, public money not to be used for 5 

Depositories 12, 43, 44 

Diplomas, exempt from examination 20-21, 58, 59, 62 

Dispensary, profits 5, 40, 41 

Disbursing funds 21, 22 

Districts— 

County Boards to lay oflf, 2.3-24; Divisions for taxation, 25; In two 
counties, 30; Size of, 3; Special excepted, 25, 43; Trustees for each, 
25 ; May issue l)onds, 27, 28 ; May levy tax 25 

Double enrollment 13 

Duties^ 

Comptroller-General, 3, 15, 40; County Board of Education, 19-23; 
County Superintendent of Education, 14-17; State Superintendent, 
7-10; Treasurers, 15, 16, 19, 20, 45; Trustees 34, 37, 47, 48, 50, 51, 44 

Elections-^ 

County Superintendent, 14; State Superintendent, 7; Trustees, 30, 31; 
As to levy of tax, 25; As to issue of bonds 27, 28 

Enrollment — 

Basis of apportionment, 2; Double, 13; When, 22; Report of by 
teacher 13, 34 

Escheated property 5, 9 

Examination op Teachers — 

Age of applicants, 60; Constitutional provision for, 1; Diplomas 
exempt from, 20, 21, 58, 59, 62; Regulations of State Board as to, 
58-60 ; State Board to regulate 11 

Extra levy 25, 26, 27 

Forms for report 50 

Funds — • 

Apportionment of, 37, 38, 40, 53; Commissions on, 54; Amount of 
reported, 55; Balance carried forward, 38; Dispensary, 40, 41; 
Permanent school fund, 2; Special, 26; Disl)ursements of, 37, 38; 
Accumulation of, 46; Accounts of 5, 56 

Gifts for educational purposes 5 



68 General School Law of South Carolina. 

Governor — ■ page. 
Chairman State Board of Education, 1, 10; To appoint members of 
State Board of Education, 1, 10; To approve bond of State Superin- 
tendent, 7 ; To fill vacancy when 10 

Oraded Schools — ■ 

Districts not destroyed, 43; Laws not repealed, 2, 43; Trustees in 31 

Grand j ury 16 

Grant or devise : 10 

Houses, School — 

Location, 35, 61 ; Aid for •. . . . 49 

Institutes — - 

Countj^ Superintendent of Education to conduct, 15; Teachers attend- 
ing to be reported, 8 ; Funds for 40 

Institutions of learning make report .9, 50 

Law, to be printed and distributed 8 

Length of school term 39, 40, 42 

Levy— 

Extra, 25, 26, 37, 43; Three-mill .' 2, 21 

Libraries — 

In schools, 47, 48; Regulations as to 63, 64 

Licentiate of Instruction Degree 6 

Liquors, income from 5, 40, 41 

Location of school house 35, 63 

Maps— 

Regulations about purchasing, 61; State Superintendent to collect.... 7 

Meetings— 

County Board, 23; Electors of district, 25; State Board, 11; Trustees. . 32 

Memminger Normal School 12 

Militia duty, members of Boards exempt from -. 39 

Niglit schools 13 

Non-resident taxpayers 43 

Opening and closing of schools 39, 52 

Poll Tax— 

Auditor to report list of, 37 ; County Boards ascertain number of, 21 ; 
Exijended, 37 ; Retained in district where collected 37 

Printing, State Superintendent advertise for bids 42 

Publishers— 

Agreement witli, 12; Teachers and Trustees not to be agents for 53 



General School Law of South Carolina. 69 

Pupils— page. 
Age of, -2, 39; By wlioiii dismissed, 3(5; IMontiily report of, iiiving age, 
sex, l)ranches study, etc.. Si; Non-resident taxpayers, 43; Of one 
race cannot attend schools of another race, 3, 40; Teachers to furnish 
list, 34; Transfer of to another district, 32; When counted enrolled, 
22; Enrollment of, 13, 34; Quarantine of, 51; Vaccination of 52 

Register State Superintendent to prepare T 

Relation of teacher to Trustees 39 

R EPORT— 

Auditor, 37; County Superintendent, 16; Institutions, State, 9; Institu- 
tions, literary, scientific and ])rofessional, 50; Special School 
District, 30; State Superintendent, 7; Teachers, 34; Treasurer, 37; 
Trustees 35 

Road duty, exemption from 39 

Salaries— 

County Superintendent, 11; State Superintendent, 7; Teachers, 34; Not 
to be paid out of the school fund 2 

Sale of pro})erty l)y Trustees 3:3 

Scholarships— 

State Board award, 8 ; Winthrojj 40 

Scholastic year 40 

School huildings, aid for 49 

School Books — • 

Purchase of, 43, 44; Depositories for 43, 44. 

School Districts — (See Districts.) 

School houses 35 

School Law to be printed and distributed 7 

School Officers — ■ 

To be provided for, 1; Not to deal in school claims, 38, 52; Misde- 
meanors by 53- 56 

School supplies 61 

Seal— 

County Superintendent, 17; State Superintendent 11 

Sectarian schools, when not to be aided 5 

Separate schools for races 4, 40 

South Carolina Day 46 

Special and Graded School Districts not destroyed 2, 43 

Special Districts, Auditor reports poll lists and ])roperty in 37 



70 Generai, School Law of South Carolina. - 

Special Tax— page. 
How levied, 35, 26; Non-resident taxpayer entitled to benefit of, 43; 
Taxpayers designate to what school money shall go 26 

State Board of Educatiok — (See Board.) 

State Colleges 4 

State School Fund 4, 5 

State Superintendent of Education — (See Superintendent.) 

State Treasurer to hold and invest certain school funds 9 

Study, course of 12, 20 

Summer School — (See Institute.) 

Supplies, school 61 

Superintendent of Education, County — 

Election, 14; Term, 14; Administer oaths, 15; Approve claims, 17; 
Attend annual settlements, 15; Bond, 14; Chairman and Clerk of 
County Board, 19; Compensation, 2, 17; Countersign claims, 38, 34; 
Depository, must keep, 43; Duties, 14-17; Furnish Trustees with 
certain reports, 15; Not to become agents for school books, 53; Not 
to buy or be interested in school claims, 53; Oath, 14; Office fur- 
nished by Commissioners, 16; Report, annual, 16; Report to presiding 
Judge, 16; Report to Treasurer, 16; Traveling expenses, 18; Vacancy, 
how filled, 14; Seal, official, 17; Register of claims, 17; To visit 
schools, 14; To apportion school funds, 15; Supplies for office of 16 

Superintendent of Education, State — 

Advertise for bids, 22; Bond, 7; Certify copies of papers and official 
acts, 7; Collect school books and apparatus, 8; Compensation, 2, 7; 
Distribute blanks, blank books, instructions, 8; Duties, 7, 8; Election, 
1, 7; Oath, 7; Prepare blanks for schools, 7, 25; Print and distribute 
school law, 7; Report^ annual, 8; Secretary of State Board of Edu- 
tion, 1, 11; Secure uniformity in text-books, 7; Traveling expenses, 
7; Vacancy in office, 10; Clerk hire allowed 10 

Tax— 

Additional may be levied, 4; Poll, County Board ascertain number of, 
21; Poll, expended, 37; Poll, levied, 2; Supplementary, 4, 25, 26; 
Three-mill, 21 ; Report of polls, 37; On dogs 50 

Taxpayers^ 

Non-resident, 43 ; Return name and number of School District 37 

Teachers^ 

Qualifications, 36, 39; Agents for text-books, 21; Associations, 15; 
Certificates (see Certificates); Employment of, 35; Furnish lists of 
pupils, 13; Pay warrants, 34; Reports of, 13, 34; Examination of, 
19, 20; Claims of 34 



GuNKRAL vScHOOL Law of South Carolina. 71 

PAGE. 

Teachers' Association 15 

Terms, length of ; 39 

Text-Books — ■ 

Adoption of, 12; At cost, 23; Schools and colleges not to use those 
disapproved, 23; Fixed price, 12; Officers cannot get rebate, commis- 
sion or discoimt, 53; Teachers and Trustees not to be agents for, 
53 ; Uniform 12 

Three-mill tax 2, 21 

Transfer of pupils 32 

Travei.ino Expenses — • 

Country Superintendent, 18; County Board of l^ducation, 20; State 
Board of Education, 11 ; State Superintendent 7, 8 

Treasurer— 

Bond, 9; Cany balances forward, 38; Collect special tax, 25, 26; Keep 
poll tax by Districts and report, 37; Report to County Superinten- 
dent, 37 ; Report to State Superintendent 38 

Trustees — • 

Qualifications, 31; Administer oaths, 34; Appointed, 30; Authority 
and duties, general, 36", 37; Call meetings of people, 36; Certify lists 
of pupils, 34; Control Districts, 25; Control school property, 10, 36; 
Cross bridges and ferries free, 36; Debt, may not contract, 39; Dis- 
miss pupils, 36; Employ teachers, 35; Exempt from road duty and 
militia service, 39; Majority sign warrants, 34; Meetings, 30, 32; 
Not to be agents for school books, 53; Not to buy or be interested 
in school claims, 53; Not to perform duties after removal, 56; 
Notify Auditor of amount of special levy, 36; Organization of 
Board, 30; Pay as teachers, cannot receive, 35; Pay teachers, when, 
34; Purchase school apparatus, when and how, 61; Qualifications, 
35; Require additional examinations, 36; See that certain branches 
are taught, 20, 21; Sell school property, when, must report, 33; 
Special Districts, 36; Special and Graded Schools, 36; Transfer 
pupils, 32; Trustees of higher institutions must report, 9, 50; 
Vacancy in office 30 

University of South Carolina . . 3 

Vacancy — 

County Board of Education, 57; County Superintendent of Education, 
14, 57; District Board of Trustees, 30; State Superintendent of 
Education 10 

Warrants— 

Discounting, 54; How made out, 34; Must lie accompanied by report, 
34; Register of to be kept, 61 ; School supplies, 61 ; Approval of. . .32, 61 



LIBRARY OF CONGRESS 

III III Hill mil ill ill III iiiif 



021 720 993 



72 Gi'NERAL School Law of South Carolina. 

WiNTHROP College — ■ ■ page. 
Coastitu tional provision for, 3 ; Scholarships 58 

Yeab — 

■ School year 40 



LIBRARY OF CONGRESS 



021 720 993 6 • 




LIBRARY OF CONGRESS 



021 720 993^ Ij 



Hollinger Corp. 
pH 8.5 



